[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 (Act 177) (' IRA ') on 28 July 2016 to the Industrial Court arising out of the dismissal of Khoo Kim Loang (hereinafter referred to as 'the claimant') on 6 November 2015 by Shock Media Studio Sdn Bhd (hereinafter referred to as 'the respondent') and was received by the Court on 26 August 2016.

[2] The claimant had seen a vacancy advertised by the respondent in JOBSTREET and he decided to apply for the post of "Sales Consultant" with the respondent. He sent a letter intituled "Job Application" to the respondent as shown in p 5 of the company's Bundle of Documents (hereinafter referred to as "COB1"). In his letter, the claimant stated that he is enclosing a copy of his resume and stated that 'with his training and working experience', he knows that he can contribute to the r