AWARD

Ahmad Zakhi Mohd Daud:

Reference

[1] These are references made under subsection 20(3) of the Industrial Relations Act 1967 ("Act") arising out of the dismissal of Ho Foong Lian, Neng Chay Sean and Sia Pei Kee ("Claimants") by SKC Tours Sdn Bhd ("Company") on the 31 May 2020.

[2] The Ministerial references in these cases required the court to hear and determine the Claimants' complaint of dismissal by the Company on 31 May 2020.

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

(a) Statements of Case dated 19 January 2021;

(b) Statements in Reply dated 21 June 2021;

(c) Rejoinder dated 4 August 2021;

(d) Claimants' Documents;

(e) Company's Bundle of Documents - COB-1, COB-2, COB-3;

(f) Claimants' Witness Statement - CLWS-1 (Ho Foong Lian) CLWS-2 (Sia Pei Kee), CLW-3 (Neng Chay Sean)

(g) Company's Witness Statement - COWS-1 (Lim Chew Kwee), COWS-2 (Loo Kok Seong)

(h) Claimants' Written Submission and Reply

(i) Company's Written Submission and Reply

Background

[4] The disputes before this court are the claims by the Claimants that they had been dismissed from their employment without just cause or excuse by the Company on the sai