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INDUSTRIAL COURT KOTA KINABALU
ELDAYU YUNUS – Appellant
Versus
MALAYSIA AIRPORTS HOLDINGS BHD – Respondent
| Table of Content |
|---|
| 1. dismissal process initiated by the company. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. evidence of misconduct leading to dismissal. (Para 10 , 11) |
| 3. burden of proof on the employer. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. determining just cause for dismissal. (Para 20 , 21 , 22 , 23) |
| 5. court's findings on misconduct and proportionality. (Para 37 , 39 , 40 , 41 , 42 , 43) |
| 6. financial loss attributed to company practices. (Para 51 , 52 , 53 , 54) |
| 7. conclusion and compensation awarded. (Para 57 , 59 , 66 , 67 , 68) |
A. Reference
[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 ("the IRA 1967") arising out of the dismissal of Eldayu Binti Yunus (hereinafter referred to as "the Claimant") by Malaysia Airports Holdings Bhd (herein referred to as "the Company").
B. Preface
[2] This Ministerial reference required this Court to hear and determine the Claimant's complaint of dismissal on 23 July 2020 by the Company.
[3] The Claimant commenced her employment with the Company as an Information Assistant - Grade 11 with effect on 5 February 2007. The Claimant's last post in the Company before t
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