AWARD

Zulhelmy Hasan:

Reference:

[1] This is a reference by the Honourable Minister of Human Resources Malaysia dated 29 October 2018 pursuant to s 20(3) of the Industrial Relations Act 1967 which was received by the Industrial Court of Malaysia on 1 November 2018 arising out of the alleged unfair dismissal of Tan Wee Ching (hereinafter referred to as "the Claimant") by Da Tong Shi Je Supplies & Services Sdn Bhd (hereinafter referred to as "the Company") on 29 June 2018.

Factual Background:

[2] The Company was incorporated on 26 August 2004 under the Companies Act 1965, and carries out a business of providing columbarium services. By 2012, the Company had only two (2) Directors namely Cheng Tong Choy and Fang Yi-Wen, a Taiwanese national. The Claimant and his father; Tan Tiew Bock became interested in investing in the Company and later part of 2012, both of them bought substantial amount of shares in the Company whereby in the same year, the Claimant was appointed as a Director with effect from 10 August 2012 to sit on the Board of the Company.

[3] Around 2011 when the Claimant was courting Cheng Tong Choy's daughter, he showed a keen interest in the Company, which at that time could