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2023 MarsdenLR 756

INDUSTRIAL COURT PENANG
CHANDRA GANTHAN KRISHNAN – Appellant
Versus
BELUM RAINFOREST MANAGEMENT SDN BHD – Respondent


Petitioner Advocates:V K Raj ,Respondent Advocate: Muhammad Amin Othman,Wan Azmir Wan Majid

Table of Content
1. judicial reference initiation under industrial relations act. (Para 1 , 2)
2. facts establish employment commencement and confirmation. (Para 3 , 4)
3. signing of mta implies agreement to mutual termination. (Para 25 , 26)
4. claimant's case lacked evidence of dismissal. (Para 34 , 36)
Suraiya Mustafa Kamal:

[1] This is a reference from The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as "the IRA ") in respect of the dismissal of Chandra Ganthan a/l Krishnan (hereinafter referred to as "the Claimant") by her employer, Belum Rainforest Management Sdn Bhd (hereinafter referred to as "the Company") effective 27 December 2020.

[2] This Court has considered the following cause papers and documents in handing down this Award, namely:

(a) the Claimant's Statement of Case dated 1 November 2021;

(b) the Company's Statement In Reply dated 19 January 2022;

(c) the Claimant's Rejoinder dated 4 February 2022;

(d) the Claimant's witness statement (Chandra Ganthan a/l Krishnan) marked as "CLWS-1";

(e) the Company's Witness Statement (Aida Yuhana binti Zainul Ariff)

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