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2021 MarsdenLR 1044

INDUSTRIAL COURT KUALA LUMPUR
HARRY WONG WEI CHEN – Appellant
Versus
PETROLIAM NASIONAL BERHAD (PETRONAS) – Respondent


Petitioner Advocates:Anita Ferns,Bhavani Vadivelu,Nuriahtun Maria Samad,Fadhil Hazmi Mohd ,Respondent Advocate: Vijayan Venugopal,Cheong Jian Kok

AWARD

Paramalingam J Doraisamy:

[1] The Ministerial reference in this case required the Court to hear and determine the claimant's complaint of dismissal by the Company on 18 October 2018.

I. Procedural History

[2] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 16 May 2019.

[3] The matter was fixed for mention on 18 June 2019, 23 July 2019, 6 August 2019, 20 August 2019, 3 September 2019, 11 October 2019, 8 November 2019, 20 December 2019, 7 January 2020, 12 August 2020, 26 August 2020 and 9 September 2020.

[4] The trial proceeded on 30 January 2020, 4 February 2020, 22 July 2020, 14 September 2020 and concluded on 15 September 2020.

[5] The identity of the complainant will be kept confidential in this Award and she will be referred to as "COW1", she being the Company's first witness.

II. Factual Background

[6] The claimant commenced employment with Petronas Carigali Sdn Bhd, a wholly owned subsidiary of the Company, with effect from 1 March 2007 as an Executive (Geoscience).

[7] At the date of his dismissal on 18 October 2018, the claimant's last held designation in the Company was as a Staff (Petroleum Geoscienc

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