Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Intan Maslina Binti Abdul Aziz (hereinafter referred to as "the Claimant") by Nityo Infotech Services Sdn Bhd (hereinafter referred to as "the Company") on 28 August 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 28 August 2019.

I. Procedural History

[3] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 2 January 2020.

[4] The matter was fixed for mention on 22 January 2020, 16 December 2020, 13 July 2021, 16 August 2021, 15 February 2022 and 7 March 2022.

[5] The trial proceeded on 26 April 2022, 17 June 2022, 19 September 2022, 26 September 2022 and 8 December 2022.

II. The Parties' Position On The Merits

a.