AWARD

Indra Ayub:

A. Reference

This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the dismissal of Shahrir Mansor (hereinafter referred to as "the claimant") by PETRONAS Dagangan Berhad (herein referred to as "the company").

B. Preface

[1] This Ministerial reference in this case required the Court to hear and determine the claimant's complaint of dismissal by the company on 30 January 2018 and was received by the Industrial Court on 4 May 2018.

[2] The claimant was engaged by Petroliam Nasional Berhad (PETRONAS) as an Executive in the Department of Perolehan & Pentadbiran Kontrak and seconded to PETRONAS Dagangan Berhad vide a Letter of Offer dated 13 July 1998. The appointment was with effect from 1 August 1998.

[3] The claimant's last post in the company before the termination of his service was as Manager (Regional Sales-Sabah), PETRONAS Dagangan Berhad.

[4] The claimant contended that he was unlawfully terminated and that his dismissal by the company was without just cause or excuse. He therefore seeks to be reinstated to his former position and/or any other alternate relief as this Court dee