[1] This is a reference made under subsection 20(3) of the Industrial Relations Act 1967 [Act 177] arising out of the dismissal of Dewalaxhmana A/L A S Param ("the Claimant") by Weststar Aviation Services Sdn Bhd ("the Company") on 28 February 2017.

[2] This is an unfair dismissal claim filed by the Claimant against the Company where the case was received by the Industrial Court on 8 January 2018. The case was first fixed for mention on 7 February 2018. After directions on the filing of pleadings were given, the hearing dates for this case was fixed for 26 and 27 September 2018.

Background

[3] The hearing commenced as scheduled on 26 September 2018 and the Company called its first witness Adliza Binti Abdullah, the Company's General Counsel and Company Secretary (COW1). During the cross-examination of COW1 on 27 September 2018, Counsel for the Claimant asked the witness some questions about the investigation that she had carried out before the Claimant was given a show cause letter by the Company dated 16 January 2017. The witness was asked whether she had a report of the investigation. She had answere