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2021 MarsdenLR 1029

HIGH COURT MALAYA JOHOR BAHRU
HUSNEY ABU HASSAN – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ORS – Respondent


Petitioner Advocates:R Jayabalan ,Respondent Advocate: T Thavalingam,Farah Dini Zaini

JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This was an application ("this Application") for judicial review filed by the applicant, pursuant to O 53 r 2 of the Rules of 2012 ("Rules of ") to quash the Award of the 1st respondent ("Industrial Court") made pursuant to the applicant's claim for unfair dismissal against the 2nd respondent, under s 20 of the Industrial Relations Act 1967 . The 3rd respondent was joined as a party to the proceedings.

The Background Facts

[2] The 2nd respondent is a Government-linked company, whilst the 3rd respondent company is a shareholder of the 2nd respondent. The applicant was the Chief Operations Officer ("COO") of the 2nd respondent.

[3] Based on the findings of an Audit Findings Report prepared by an audit team engaged by the 2nd respondent, a show cause letter dated 8 March 2018 was issued to the applicant for three charges levelled against him.

[4] A Domestic Inquiry ("DI") Notice dated 5 April 2018 was issued, informing the applicant of a DI to be held on 20 April 2018. On 16 May 2018, the DI panel found the applicant guilty of the first and second charges, and recommended dismissal. The recommendation of the DI panel was accepted by the Ma

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