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2011 MarsdenLR 1929

INDUSTRIAL COURT, KUALA LUMPUR
MOHD HAYRULNIZUAN HANAFI & ORS – Appellant
Versus
MITV CORPORATION SDN BHD – Respondent


Table of Content
1. retrenchment proceedings and representation issues (Para 1 , 2 , 3 , 4 , 5)
2. court's observation on attendees' absence (Para 6)
3. striking out claims with reinstatement liberty (Para 7)
[1] The dispute arising from the retrenchment of Mohd Hayrulnizuan Hanafi and 85 others ("the claimants") by MITV Corporation Sdn Bhd ("the company") on 1 November 2006 was referred by the Honourable Minister of Human Resource to the Industrial Court for a decision.

[2] The case was called up for hearing on 16 May 2011, Mr Rutheran Sivagnanam together with Mr Thirunavakarasu from the Chambers of R Sivagnam & Associcates appeared for the company. Mr Sivanathan of MTUC informed that he appeared for the remaining 72 claimants. However, he had not filed any Form B to confirm that he was appointed. Only 4 claimants were present and they were Mohd Hayrulnizam Hanafi, Mohd Azmi Lismanon, Salfian Abd Samad and Shanjey Kumar Perumal.

[3] Mr Sivanathan requested for the hearing to be adjourned to a date in one week's time to enable him to obtain the signatures of all the claimants who will be appointing him as their representative. Mr Rutheran agreed to the request for the hearing that day an

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