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INDUSTRIAL COURT KUALA LUMPUR
HEW KIM SOONG – Appellant
Versus
STUDY TRUST INTERNATIONAL (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. referral under the industrial relations act due to a dismissal reference. (Para 1 , 2 , 3) |
| 2. court's duty to determine just cause in employment termination. (Para 14 , 15) |
| 3. employer's obligation to prove misconduct with adequate evidence. (Para 16 , 18 , 19 , 21) |
| 4. decision on dismissal lacking just cause results in a monetary remedy. (Para 24 , 25 , 26) |
Reference
[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (1967 Act) by the Honourable Minister of Human Resources, emanates from the dismissal of Hew Kim Soong ("the Claimant") by Study Trust International (M) Sdn Bhd ("the Company") on 30 October 2020
[2] This matter was heard ex-parte on 21 October 2022 without the presence of the Company's representative. The Court has sent all the relevant forms, notices and letters to the Company at its last known business and registered address, informing the Company of the mention dates and hearing dates. The Court had also given directions to the Company to file the relevant documents including filing of the Statement In Reply.
[3] Notwithstanding the aforesaid, the Company for reasons best to them opted not to attend Court and
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