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2022 MarsdenLR 95

INDUSTRIAL COURT MALAYSIA KUALA LUMPUR
CHOONG WAI KIT – Appellant
Versus
TROPICANA SHARED SERVICES SDN BHD – Respondent


Petitioner Advocates:Too Yee Huan ,Respondent Advocate: Zarif Zahirah Mohd Elias

AWARD

Teoh Chin Chong:

Reference

[1] This is an order of reference made under s 20 (3) of the Industrial Relations Act 1967 ("hereinafter referred to as IRA 1967") arising out of the dismissal of Choong Wai Kit ("hereinafter referred to as the Claimant") by Tropicana Shared Services Sdn Bhd (hereinafter referred to as the Company") on 20 April 2020.

Cause Papers

[2] The pleadings referred to at the trial were:

a. Statement of Case dated 19 March 2021

b. Statement In Reply dated 12 April 2021

c. Rejoinder dated 26 April 2021

d. The Company's Bundles of Documents 1 - COB-1

e. The Company's Bundles of Documents 2 - COB-2

f. The Claimant's Bundle of Documents 1 - CLB-1

g. The Claimant's Bundle of Documents 2 - CLB-2

[3] The witnesses who gave evidence at the trial were:

The Company's Witness

Kuan Lai Shim (Esther) - COW-1

The Claimant testified as the sole witness.

Factual Background

[4] The Claimant was employed as the General Manager of the International Sales Department within the Marketing and Sales Department of the Company for a fixed tenure of one (1) year from 13 January 2020 until 12 January 2021.

[5] At the point of the Claimant's termination, the Claimant remained a probationer and had onl


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