Reference

[1] This is a reference by the Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 dated 1 July 2020 arising out of the alleged dismissal of Kogilavani A/P Gopal (hereinafter referred to as "the Claimant") by Arnold Andrew & Co (hereinafter referred to as "the Company") on 3 July 2019.

Factual Backgrounds

[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 3 July 2019 and was received by the Industrial Court on 6 July 2020. The dispute herein is over the unlawful dismissal of the Claimant from the employment by the Company with effect from 3 July 2019 without just cause and excuse.

[3] The Claimant was employed as a Personal Assistant by the Company on 11 March 2019 without any letter of appointment given by the Company. As a Personal Assistant to Mr Arnold Andrew P Anthony Muthu (the Managing Director of the firm), she also handles Human Resources functions that are interviews, attendance, leaves, implementation of policies etc. Prior to the dismissal, the Claimant last drawn salary was RM4,000.00 per month.

[4] The Claimant had