AWARD

Eswary Maree:

Reference

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (1967 Act) by the Director General of Industrial Relations, which emanates from the dismissal of Lechumanan a/l Patoo by Menang Development (M) Sdn Bhd on 21 May 2021.

Preamble

[2] Vide an Interim Award No 2195 of 2022 dated 29 September 2022 this instant case was heard together with Case No 14/4-123/22 (between Simon a/l Yesudason v. Menang Development (M) Sdn Bhd) and Case No 14/4-700/22 (between M Azman bin Mohamed v. Menang Development (M) Sdn Bhd). As these cases had not been consolidated but only heard together, this Court will hand down a separate and distinct Award for each individual case which highlights the distinct facts of each of the case.

[3] This Court considered all the notes of proceedings in this matter, documents and the cause papers in handing down this Award, namely:

(i) Statement of Case dated 23 May 2022;

(ii) Statement In Reply dated 17 August 2022;

(iii) Rejoinder dated 30 August 2022;

(iv) Claimant's Bundle of Documents: CLB-1C;

(v) Claimant's Bundle of Documents 2: CLB-2C;

(vi) Claimant's Bundle of Documents No 3: CLB-3C;

(vii) Company's Bundle of Documents: COB