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2004 MarsdenLR 29

INDUSTRIAL COURT, KUALA LUMPUR
ESSO PRODUCTION MALAYSIA INC – Appellant
Versus
ALADDIN MOHD HASHIM – Respondent


AWARD

Introduction

The dispute is over the claimant's dismissal by the company on 26 March 1992.Vide letter of 31 October 1992 the Minister of Human Resources referred the matter to the to the Industrial Court under Industrial Relations Act 1967, s. 20(3) .

The brief facts are these:

The claimant commenced employment with the company effective 15 December 1976 in Kerteh. His last position was as accounting clerk (Grade 11) in the material accounting group (hereinafter referred to as "MAG") where his job function was to update inter-company invoices from overseas known as "booking" as it appears in the computer which is updated by Kemaman Supply Base. At the material time, besides the claimant, Anuar Buang, Maimunah A. Kutty (CLW1), Ahmad Jefry Ghani, Hashim Razaly and Mohd. Remy Yusof were the other staff in MAG.

In December 1991, the company received a letter dated 4 December 1991 from one of its vendors, Innogran Ingram Cactus Sdn Bhd (hereinafter referred to as "IIC") alleging serious irregularities in the company's processing and payment of invoices (p. 15 of Bundle 'B' ). According to the letter signed by the executive director, a person by the nam

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