AWARD

Zulhelmy Hasan:

Reference:

[1] This is a reference by the Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 dated 6 January 2020 which was received by the Industrial Court on 17 February 2020 arising out of the alleged dismissal of Nalliah David A/L Pragasam (hereinafter referred to as "the Claimant") by AIMST Sdn Bhd (hereinafter referred to as "the Company") on 19 September 2019.

Factual Background:

[2] The Claimant commenced an employment with Asian Institute of Medicine, Science & Technology (AIMST) to the position of part time Finance Officer effective from 1 April 2001 till completion of all formalities pertaining to optional retirement from government service vide a Letter of Employment dated 24 March 2001 (at p 9 of COB-1). Upon formal retirement as government servant, the Claimant will assume as Finance Executive II on a full time basis. The Claimant will be required to undergo a probationary period of three (3) months / one semester which may extended or reduced at the sole discretion of AIMST.

[3] The Claimant had accepted the offer of employment by AIMST on 27 March 2001 and the Claimant continued to be employed as Assista