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INDUSTRIAL COURT KUALA LUMPUR
MEOR MAHADI MAT ALI – Appellant
Versus
GOLDMART SDN BHD – Respondent
| Table of Content |
|---|
| 1. background of claimant's employment and dismissal (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. company's justification for termination (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 3. claimant's arguments against dismissal (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 4. function of the industrial court in dismissal cases (Para 26 , 27 , 28 , 29) |
| 5. claimant's alleged abandonment of employment (Para 30 , 31 , 32 , 33) |
| 6. court's evaluation of evidence and conclusion (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 7. court's remedy and order (Para 42 , 43 , 44) |
A. Reference
[1] The dispute before this Honourable Court emanates from a ministerial reference pursuant to s 20(3) of the Industrial Relations Act 1967 ("IRA 1967") arising out of the dismissal of Meor Mahadi Mat Ali (hereinafter referred to as "the Claimant") by Goldmart Sdn Bhd (hereinafter referred to as "the Company") on 7 December 2020.
B. Brief Facts
[2] The Claimant was first employed by the Company on contract basis from 5 November 2018 as a Resident Engineer. After a few renewals of the contract, the Claimant was absorbed as a permanent employee in the Company with effect from 5 June 2019 at a
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