AWARD

Reihana Abd Razak:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 arising out of the alleged dismissal of ABDUL QADIR OSMAN BIN MOHD AROS ("the Claimant") by INSTITUT DARUL RIDZUAN BERHAD ("the Company").

[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of constructive dismissal on 31 May 2019.

Claimant's Pleaded Case

[3] The claimant testified for his own case and is the sole witness for his case.

[4] The claimant in his Statement of Case states that commenced employment with the company on 15 August 2009 as Head of Finance.

[5] The claimant avers that he left the company and joined back the company on 1 January 2015 as the Chief Operating Officer.

[6] The claimant avers that at the time of his constructive dismissal, he held the position of Chief Operating Officer with a monthly salary of RM20,350 per month.

[7] The claimant contended that on 15 April 2019 the CEO of the company informed him that the company pursuant to the minutes of a Board of Director's meeting dated 12 April 2019 had suspended him.

[8] The claimant avers that he never received any official written notification