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2022 MarsdenLR 1066

INDUSTRIAL COURT JOHOR BAHRU
GAN EE LENG – Appellant
Versus
LT CHROME ENGINEERING SDN BHD – Respondent


Petitioner Advocates:A Sivananthan ,Respondent Advocate: Noor Hafiza Zainal,Susan Yeap Shuh Sin

AWARD

Paramalingam J Doraisamy:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Gan Ee Leng (hereinafter referred to as "the Claimant") by LT Chrome Engineering Sdn Bhd (hereinafter referred to as "the Company") on 20 October 2020.

[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 20 October 2020.

I. Procedural History

[3] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 17 March 2021.

[4] The matter was fixed for mention on 5 May 2021 and 24 August 2021 before the then learned Chairman of Court No 16 (Johor Bahru), Puan Noor Hayati Binti Haji Mat.

[5] Due to the learned Chairman Puan Noor Hayati Binti Haji Mat's elevation to the High Court of Malaya as a Judicial Commissioner on 4 February 2022, the learned President of the Industrial Court instructed me (ie Chairman of Court 22) to hear this case and accordingly hand down an Award.

[6] The trial proceeded before me at the Industrial Court at Johor Bahru on 21 March 2022 and concluded on 8


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