[NO 85 OF 2011]

This is a Ministerial reference to the Industrial Court under section 20(3) of the Industrial Act 1967 ("Act") regarding the dismissal of Zanariah binti Abdul Hamid ("the claimant") by Sakti Bacaan Sdn Bhd (" the company") on 17 November 2007.

Brief Facts Of The Case

The claimant commenced an employment with the company in 1994 as Assistant Sales with a monthly salary of RM450.00. However, the company contends that the claimant had stopped working for the company after first joining the company but joined again the company in 1996. However, the claimant said that during that period she was on medical leave. Vide a letter dated 17 November 2007 (exhibit "CL-1" of the Statement Of Case (SOQ), the company terminated the services of the claimant for criminal breach of trust. For ease of reference the claimant's termination letter is reproduced below:-

The Issue

The sole issue before this Court is whether the dismissal of the claimant by the company is with or without just cause or excuse.

The Law

The Federal Court in Goon Kwee Phoy v. J & P Coats (M)