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INDUSTRIAL COURT KUALA LUMPUR
NIALL ATHOLL MURRAY – Appellant
Versus
BAKER HUGHES (MALAYSIA) SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. investigation of the factual background concerning the employee's dismissal. (Para 1 , 4 , 5 , 8 , 11) |
| 2. assessment of jurisdiction and employer-employee relationship. (Para 12 , 15 , 17) |
| 3. burden of proof rests with employer in dismissal cases. (Para 14 , 18) |
| 4. determining who the real employer is critical for jurisdiction. (Para 20) |
[1] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Companies on 8 October 2013 and was received by the Industrial Court on 9 July 2014.
[2] Earlier the reference by the Minister was only against Baker Hughes (Malaysia) Sdn Bhd Then on 9 April 2015 there was a hearing of an application made by Counsel for the Claimant to join BJ Services (M) Sdn Bhd as a party to this action. Counsel for the Companies did not object to the application but the Companies did not admit to the averments made in the Affidavit in Support of the application as well as to the documents exhibited therein. The Court allowed the Claimant's application vide Interim Award No 431 of 2015.
[3] Accordingly, the parties filed the Amended the Statement of Case ("ASOC") and Amended Statement In
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