AWARD

Andersen Ong Wai Leong:

A. Reference

[1] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 ("the IRA 1967") as amended by the Industrial Relations (Amendment) Act 2020 (A 1615), in respect of the dismissal of Mohd Shahril Bin Hussin ("the Claimant") by his employer, Maasdots Sdn Bhd ("the Company") on 31 October 2022.

B. Case Summary And Proceedings

[2] The dispute in our present case is over the termination of the Claimant's employment, purportedly pursuant to a Mutual Separation Agreement.

[3] The main issue for the Court 's determination is whether the parties entered into a valid and binding Mutual Separation Agreement that lawfully and effectively terminated the Claimant's employment with the Company by mutual consent.

[4] The Claimant denied entering into any Mutual Separation Agreement and asserted that the Company's unilateral imposition of his departure on 31 October 2022, purportedly based on an alleged Mutual Separation Agreement to which he had never agreed, amounted to constructive dismissal.

[5] As with all other constructive dismissal cases, where the fact