AWARD

INTRODUCTION

This was a reference by the Honourable Minister of Human Resources pursuant to s. 20(3) of the Industrial Relation Act ("the Act") arising out of the alleged dismissal of Tan Mon Nee ("the claimant") by Phileo Allied Bank (Malaysia) Bhd ("the bank") on 20 December 1999. This reference was received on 26 May 2000.

BACKGROUND

The matter was heard by Y.Bhg Dato' Tan Yeak Hui who was then the Chairman of the Industrial Court. The case was completed on 24 February 2005 and parties were requested to file written submissions. However, parties only completed filing their written submissions on 30 December 2008. It is pertinent to note that Y.Bhg Dato' Tan Yeak Hui's tenure of service ended on 16 December 2007 and an award for the dispute as envisaged under sub-s. 20(3) of the Act was pending. On 12 January 2008, the learned Acting President of the Industrial Court transferred the matter to this division. The Court fixed 18 February 2009 for mention. On 18 February 2009, the counsel for the bank requested the Court to hear oral submissions from the parties so that all pertinent questions which might arise from the evidence in Court during the hearing and supported by the re