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2004 MarsdenLR 218

INDUSTRIAL COURT, KUALA LUMPUR
APTITUDE SYSTEM SDN. BHD. – Appellant
Versus
CHIN CHEW ONN – Respondent
Award No. 1811 Of 2004 [Case No: Mp1 20/4-2262/04]



AWARD

In this case, Mr. Chin Chew Onn (the claimant) claimed that he was dismissed without just cause and excuse by Aptitude System Sdn. Bhd. (the employer) on 18 February 2002. This dispute was referred to this court by the Honourable Minister on 18 August 2004. The reference was received on 8 September 2004.

Upon registering this reference as a case, the court had sent out for services Form F to the respective parties and fixed a date for mention.

On 3 November 2004, the claimant appeared before the Assistant Register as the Chairman was on his annual leave. The company's representative did not appear for the mention dated 3 November 2004. The case was further fixed for mention on 6 December 2004.

On the second mention date on 6 December 2004, the claimant appeared and informed the court of his desire to withdraw the case by submitting a letter stating his reasons. He wrote the following in his letter (Sic);

To: Pendaftar

Mahkamah Perusahaan Malaysia

(Kementerian Sumber Manusia)

Jalan Mahkamah Persekutuan,

50544 Kuala Lumpur.

From: Chin Chew Onn

AK-04-09, Goodyear court 10,

Persiaran Mulia, USJ 15, 47630 Subang Jaya,

Selangor.

Dear Sir,

Re: Case No. 20/4-2262/04(2)

I, Chin Chew Onn (1C. No. 650816-08-5831) wish to withdraw from the case no. 20/4-2262/04 on this day, 3rd November, 04. The reason that I wish to withdraw is that I would like to move on with my life and do not want to be reminded of the unpleasant past with my former employer, Aptitude Systems Sdn. Bhd.

I would like to thank the Honourable Chairman for this opportunity to hear the case, however, I stick to my decision to move on . Also, I would like to take this opportunity to wish the staff here a Happy Deepavali and Selamat hari Raya which is just one week away.

Sincerely,

...

Chin Chew Onn

03/11/2004.

Accordingly, this court hands down the award by striking out this claim without any liberty to reinstatement.

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