AWARD

(NO. 1885 OF 2004)

This matter which involved the dismissal of Cik Chew Siew Hwa on 7 June 2001 was referred to the Industrial Court for an award on 30 April 2004.

The case was first called for mention on 10 August 2004 and Mr. Viswanathan represented the claimant and Mr. James Yap for the company. A date was set for case management on 25 August 2004.

After a couple of case management sessions, claimant's counsel informed the Court on 28 October 2004 that he intended to make an application for joinder by 29 November 2004. On the date set for the hearing of the application on 22 December 2004 the Court requested both counsels to work harder to encourage their respective clients to seek an amicable solution to their dispute.

After several abortive attempts the disputants with the encouragement of their respective counsels supported by the Court made a final attempt to avoid litigation. What stood between them to a final solution was a difference of two months salary. The Court taking a cue from the wise King Solomon suggested to both the disputants and their respective counsels to make a sacrifice each by both forgoing one month. The formula was accepted by the disputants and the conflict was successfully managed with litigation avoided and industrial harmony restored.

The terms agreed to by both the disputants were as follows:-

1. Company to pay RM12320 in sixth equal monthly instalment of RM2053 each to claimant payable through his solicitors M/s Saibullah M.V. Nathan & Co.

2. The payments to commence on or before 31 December 2004.

3. Claimant to forthwith withdraw claim against the company.

4. No admission of liability by the company.

The Court accordingly records the above terms in a consent awards.