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INDUSTRIAL COURT KUALA LUMPUR
CHONG JEE FATT – Appellant
Versus
TEE & C (MALAYSIA) SDN BHD – Respondent
| Table of Content |
|---|
| 1. dismissal and claimant's representation (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's authority to proceed with case (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. winding up and leave requirement (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. determining date of dismissal (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. corporate structure and evidence requirement (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 6. fairness of termination (Para 40 , 41 , 42) |
[1] This is a reference dated 17 March 2021 made by the Minister of Human Resources pursuant to subsection 20(3) of the Industrial Relations Act 1967 [Act 177] arising out of the dismissal of Chong Jee Fat ("the Claimant") by Tee E & C (Malaysia) Sdn Bhd ("the Company") on 30 June 2020.
Brief Facts
[2] The claimant was appointed as Assistant Manager, Infrastructure of Tee M & E Engineering Sdn Bhd on 4 January 2016. The claimant stated that the company later changed its name to Tee E & C (Malaysia) Sdn Bhd ("the company") and it was not objected to by the company's representative. The claimant was then asked to voluntarily resign on 30 April 2020 but the claimant refused. The company then terminated the claimant's employ
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