AWARD NO. 210 OF 1993 [10 JULY 1993]

AWARD

The Claimant, Encik Mohd Yusof bin Abu Bakar, joined Malayawata Steel Bhd. ("the Company") Butterworth, on 19 July 1976 as a Mechanical Maintenance Worker.

On 22 September 1990 the Company dismissed the Claimant on the ground that he absented himself from leave on 30 July 1990 without prior approval - this being the last straw so to speak, that broke the Company's patience in dealing with the Claimant's absenteeism on previous occasions, also without approved leave. The Company had earlier in accordance with the current Collective Agreement ("CA") issued the Claimant with three Cautions, a Warning, and a further final warning in respect of his absence from work without prior approval of leave.

Following the Claimant's dismissal the Company advised the Claimant of his right of appeal within seven days.

The Company however avers that although the Claimant submitted an appeal on 28 September 1990 he did not submit any reasons to justify or explain his absence from work on 30 July 1990, to enable the Company to reconsider its decision to dismiss the Claimant. In his so called letter of Appeal Ex: CO-20, the Claimant took issue with the Company on t