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2021 MarsdenLR 766

INDUSTRIAL COURT KUALA LUMPUR
OOI BOON KHIM – Appellant
Versus
SPOTTORDER SDN BHD – Respondent


Petitioner Advocates:Chong Jia Wei ,Respondent Advocate: Rodger Stuart Johnston

AWARD

Noor Ruwena Mohd Nurdin:

Reference

[1] This is a reference made under subsection 20(3) of the Industrial Relations Act 1967 [Act 177] ("the 1967 Act") arising out of the dismissal of Ooi Boon Khim (hereinafter referred to as "the Claimant") by Spottorder Sdn Bhd (hereinafter referred to as "the Company") on 8 March 2019.

[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 8 March 2019 and was received by the Industrial Court on 17 September 2019.

Factual Matrix

[3] The Company is a Malaysian registered, wholly owned subsidiary of Spott Pte Ltd (a Singaporean company) and in the business of developing commerce applications as its primary activity and develops other business support activities such as junkets and administration of loyalty programs as its secondary activity. The Company's business address as registered with Suruhanjaya Syarikat Malaysia is in Kuala Lumpur and still in existence.

[4] The Claimant commenced employment with the Company on 1 June 2018 for one year as a Technical Project Manager with a monthly salary RM18,000.00. he lead the team in solution development projects and wa


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