AWARD

Eswary Maree:

Reference

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (1967 Act) by the Honourable Minister of Human Resources, emanates from the dismissal of Halizam Amin bin Abdul Halim ("the Claimant") by EJ Joint Venture Sdn Bhd ("the Company") on 19 October 2020.

[1] This case was fixed before the Chairman of Court 6 and upon the direction of the then Learned President of the Industrial Court on 6 January 2022, the hearing was scheduled to be heard before me.

[2] The instant case was heard together with Case No: 14(6)/4-2257/21 (between Abdul Hakam bin Mohamed Yusof v. EJ Joint Venture Sdn Bhd). As these cases had not been consolidated but only heard together, this Court will hand down separate and distinct Award for each individual case which highlights the distinct facts of each of the cases.

[3] This Court had considered the notes of proceedings and the following pleadings, evidence, documents and submissions in handing down this Award:

i. Statement of Case dated 4 October 2021;

ii. Statement In Reply dated 6 December 2021;

iii. Rejoinder dated 23 December 2021;

iv. Claimant's Bundle of Documents: CLB-2A;

v. Claimant's Additional Bundle of Document