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INDUSTRIAL COURT KUALA LUMPUR
MOHAMED ABOUBAKRELSEDIK ABDELNASER ABDELBAKY – Appellant
Versus
SCOMI OILTOOLS SDN BHD – Respondent
| Table of Content |
|---|
| 1. reference made under industrial relations act. (Para 1 , 2) |
| 2. claim of unjust dismissal based on serious allegations. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's obligation to assess justification for dismissal. (Para 8 , 9 , 10) |
| 4. claims versus evidence supporting dismissal. (Para 11 , 12) |
| 5. standard of proof and findings on dismissal rationale. (Para 18 , 19 , 20) |
| 6. conclusion affirming the employer's justifiable dismissal. (Para 21 , 22) |
Reference
[1] This is a reference made under s 20 (3) of the Industrial Relations Act 1967 ("The Act") arising out of the dismissal of Mohamed Aboubakrelsedik Abdelnaser Abdelbaky ("Claimant") by Scomi Oiltools Sdn Bhd ("Company") on the 28 May 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 28 May 2020.
Background
[3] The dispute before this court is the claim by the Claimant that he had been dismissed from his employment without just cause or excuse by the Company on the 28 May 2020.
[4] By a letter of offer dated 26 June 2013, the Claimant was offered employment with the Company as a Manager - Technical Training. T
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