AWARD

Ahmad Zakhi Mohd Daud:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 ("Act") arising out of the termination of Lim Hock Keng ("Claimant") by Jaks Sdn Bhd ("Company") on the 31 October 2021.

[2] The Director General's reference in this case required the Court to hear and determine the Claimant's complaint of termination by the Company on 31 October 2021.

[3] This Court considered the notes of proceedings, documents and cause papers in handing down this Award namely:-

(a) Statement of Case dated 7 July 2022

(b) Statement in Reply dated 3 October 2022

(c) Rejoinder dated 22 February 2023

(d) Claimant's Bundle of Documents - CLB-1

(e) Company's Bundle of Documents - COB-1, COB-2, COB-3, COB-4

(f) Claimant's Witness Statement - CLW-1S (Lim Hock Keng)

(g) Company's Witness Statement - COW-1SA & COW-1SB (Mohd Johari Ghazali)

(h) Company's Witness Statement - COW-2SA & COW-2SB (Saraswathi A/P Narayanan)

(i) Claimant's Written Submission and Reply

(j) Company's Written Submission and Reply

(k) Claimant's Bundle of Authorities

(l) Company's Bundle of Authorities

Background

[4] The dispute before this Court is the claim by the Claimant that he had been t