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2021 MarsdenLR 3176

COURT OF APPEAL PUTRAJAYA
LINI FEINITA MUHAMMAD FEISOL – Appellant
Versus
INDAH WATER KONSORTIUM SDN BHD – Respondent


Petitioner Advocates:Alex De Silva,Tan Yang Qian ,Respondent Advocate: T M Varughese

JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] This is an appeal by the appellant/Employee against the High Court's decision on 30 September 2019 in allowing the respondent Company's Judicial Review application to quash the entire decision of the Industrial Court in Award No 3205 of 2018 [[2018] MELRU 3205] dated 17 December 2018 ("the Award"), with costs of RM3,000.00. The decision reinstated the appellant's dismissal from employment with the respondent.

Background Facts

[2] The appellant commenced her employment with the respondent on 1 March 2004 as Manager of Compensation, Benefits & Record (Grade 4) in the Human Resources Department. Thereafter, the appellant was re-designated to the position of Manager of Training & Development effective from 16 July 2007. The appellant continued to be a Manager in the same post until her termination on 13 May 2017.

[3] On 6 January 2017, the respondent sent a show cause letter to the appellant and requested for an explanation for all charges of misconduct levelled against her. On 12 January 2017, the appellant replied the said show cause letter. On 13 March 2017, the respondent issued a Notice of Domestic Inquiry ['DI'] against the appellant. The

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