AWARD

Suraiya Mustafa Kamal:

[1] This is a reference from The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as "the IRA ") in respect of the dismissal of Kamaliswarran a/l Krishnan (hereinafter referred to as "the Claimant") by his employer, BP Engineering Solutions Sdn Bhd (hereinafter referred to as "the Company") on 1 October 2020.

[2] It was mutually agreed by all parties that this case be heard together with Case No: 9/4-2096/21 (Vignes a/l Rajandram v. BP Engineering Sdn Bhd). As these two cases had not been consolidated but only heard together, this Court will hand down separate and distinct Award for each individual case which highlight the distinct facts of each of the cases.

[3] This Court has considered the following cause papers and documents in handing down this Award, namely:

(a) the Claimant's Statement of Case dated 14 October 2021;

(b) the Company's Statement In Reply dated 12 January 2022;

(c) the Claimant's witness statement (Kamaliswarran a/l Krishnan) marked as "CLWS1-K";

(d) the Company's witness statement (Tong Sin Chin) marked as "COWS1-K";

(e)