AWARD

This case involved the dismissal of Encik Mohd Shah Djohan bin Mislan and 8 others by their employer KJ Can (Selangor) Sdn Bhd on 15September 2000 and the matter was referred to the Industrial Court for an award on 30 October 2003.

The case was first mentioned on 4 February 2004. Mr. Thavalingam represented the company. All the nine claimants were present in Court and the Court fixed 4 March 2004 for case management with a view to resolving the dispute amicably.

On 4 March 2004, Mr. Thiyages appeared in Court informing the Court that he represented the nine claimants and request for time to file in their statements of claim. Court fixed 21 April 2004 for parties to meet to resolve their dispute before the company's counsel file in their statement in reply.

After a couple of case management sessions and after several offers and counter offers made between the 2 Counsels a resolution of the dispute could not be reached. On the case management session on 27 September 2004 both counsels requested the Court to mediate with full support from their respective clients.

Court set a date on 29 November 2004 to mediate the dispute with both counsels agreeing to be not present whilst the disputants meet with the Chairman as mediator. The mediation sessions commenced at 10.30am without presence of counsels with a lunch break at 12.45pm and resumed at 3pm and going on through to 5.45pm until a solution was found.

The following terms were reached:-

1. Company to pay to all the nine claimants the sum equivalent to 5 months of their last drawn salary within 30 days from 6 December 2004, vide a cheque made payable to M/s Thiyages Pauline Ng & Co. before 6 January 2005.

2. The settlement sum is to be termed as "gratuity".

3. Company to forward CP - 22A Forms to claimants' solicitors M/s Thiyages Pauline Ng & Co. for onward transmission to the claimants in order for them to obtain their tax clearance on the "settlement sum".

4. The claimants' solicitors undertake to remit whatever taxes (if any) by the respective claimants from the settlement sum arising to the IRD without further reference to the company or the company's solicitors.

5. All the claimants agree that they have no further or other claim against the company.

Court accordingly records the abovementioned terms in a consent award.