AWARD

Mohd Amin Firdaus Abdullah:

[1] The reference under s. 20(3) of the Industrial Relations Act 1967 by the Honourable Minister of Human Resources Malaysia, is regarding the dismissal of Nur Faridah Binti Nanyan (the claimant) by GKN Driveline (Malaysia) Sdn. Bhd. (the respondent). It was dated 30 December 2005 and received by the court on 22 March 2006.

Background

[2] The claimant commenced work with the respondent company ("company") as a Buyer in the Purchasing Department of Materials on a starting salary of RM1,700 per month beginning from the 2nd of February 1998.

[3] On 10 August 2004, one Quah Kim Leong a Director of Keat & Leong Epoxy Spray Painting, one of the suppliers to the company came to see the Purchasing and Logistics Manager of the company named Mark Ward (COW 4) and showed him two documents (COB1; pp. 10 and 11) showing that the claimant had borrowed a sum of RM5,000 for her own self from his company on 12 August 2003. At the meeting he kept linking the loan to the impression that COW 4 got in that his company Keat & Leong Epoxy Spray Painting had expected more business from the company.

[4] After the meeting with the supplier, the company held a management meeting