[1] This is a Ministerial Reference dated 30 April 2021 under s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the dismissal of CHOO KIT ONN (hereinafter referred to as "the Claimant") by LAKEFRONT RESIDENCE SDN. BHD. (hereinafter referred to as "the Company") with effect from 24 September 2020 for a decision and an Award to be handed down.

Introduction

[2] The dispute before this Honorable Court is in relation to the Claimant's retrenchment by the Company;

a) The Company is part of the MCT Group of Companies;

b) The Claimant is one of 179 employees who were retrenched following the Group's decision to close its construction operations;

c) The Group's decision to close its construction operations is due to commercial reasons for better economic viability. The Group was suffering losses from its construction operations. These losses coupled with the forecasted downturn in business due to the Covid-19 pandemic, led to the decision to close the construction operations;

d) The Claimant's role related to the construction operations of the Group. Following the closure of the construction operations, all job functions in the construction operations, including the Claima