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2017 MarsdenLR 342

INDUSTRIAL COURT KUALA LUMPUR
ANDREW DAVID NICOLSON & ORS – Appellant
Versus
LOTUS ENGINEERING MALAYSIA SDN BHD – Respondent


Table of Content
1. dismissal basis and employee status. (Para 1 , 4 , 5)
2. claims of violation of rights due to retrenchment. (Para 6)

[1] This reference stems from the dismissal of Andrew David Nicolson ("the 1st claimant"), Michael Colin Parsons ("the 2nd claimant"), Ian Maxwell ("the 3rd claimant"), Stuart Ian Worrow ("the 4th claimant"), Lee Michael Jones ("the 5th claimant"), Peter Fortnam ("the 6th claimant"), Douglas Robert Chester ("the 7th claimant") and Matthew Clive Walton ("the 8th claimant") by Lotus Engineering Malaysia Sdn Bhd ("the company") on 30 September 2012.

[2] Vide Award No: 276 of 2014 dated 19 February 2014, the court struck- off the reference with regard to the 2nd and 6th claimants. The said matter was mentioned on 11 February 2014. On the said mention date, the court was informed by the solicitor for the company that 2nd and 6th claimants have failed to attend the mentions fixed herein before and 11 February 2014. The said company's solicitor applied to have the matter struck off as against these two claimants as they seemed disinterested in pursuing their claims in court.

[3] Vide Award No: 1005 of 2015 dated 18 August 2015 the court considered view that t

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