Andersen Ong Wai Leong:

Reference

[1] This is a reference from The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 ("the IRA ") in respect of the dismissal of Kilby Jacob Atticus (the claimant") by his employer, Halliburton Business Services Sdn Bhd ("the company") on 15 May 2020.

Facts

[2] The company is principally engaged in the business of providing general management services to Halliburton Group of Companies ("Halliburton Group") in Asia Pacific region, in the oil and gas industry.

[3] The claimant is an Australian citizen, married to a Malaysian citizen and was holding a spousal visa at all material times.

[4] By a letter dated 27 August 2019, the claimant was offered the position of Senior Procurement, Materials, and Logistics (PML) Manager (Job Code: PL03-ESG) by the company which he accepted it on 28 August 2019.

[5] Be that as it may, it was not until 11 November 2019, that the claimant was requested to report for work, only after the company had secured the employment pass for the claimant.

[6] Sometime in early 2020, the Halliburton Group including the company have embarked in a res