MOHD KHAIRI MUSTAFA ZAHARI vs ZETRO SERVICES SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 1713

INDUSTRIAL COURT ALOR SETAR
MOHD KHAIRI MUSTAFA ZAHARI – Appellant
Versus
ZETRO SERVICES SDN BHD – Respondent

Petitioner Advocates:,Respondent Advocate: Hasanah Baharom,Peyton Teo

Table of Content
1. court proceedings initiated under the industrial relations act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
2. court's authority to proceed ex-parte due to claimant's absence. (Para 13 , 14 , 15 , 16 , 17)
3. burden of proof lies with the employer in dismissal cases. (Para 18 , 19 , 20 , 21 , 22 , 23)
4. absence of claimant leads to presumed abandonment of claim. (Para 24 , 25 , 27 , 29 , 30)
5. failure to comply with court directions results in case dismissal. (Para 26 , 28)
6. claimant's case dismissed due to lack of evidence and absence. (Para 31)

Jeyaseelen T Anthony:

Reference

[1] This is a reference made on 11 October 2022 by the Director General of the Industrial Relations Department to the Industrial Court of Malaysia under Section 20 (3) of the Industrial Relations Act 1967 (hereinafter referred to as 'the Act') arising out of the dismissal of MOHD KHAIRI BIN MUSTAFA ZAHARI (hereinafter referred to as 'the Claimant') by ZETRO SERVICES SDN. BHD. (hereinafter referred to as 'the Company') on 29 June 2021. The Director General's reference in this case before the Court requires the Court to hear and determine the Claimant's complaint of dismissal by the

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2023 MarsdenLR 1713

INDUSTRIAL COURT ALOR SETARMOHD KHAIRI MUSTAFA ZAHARI – AppellantVersusZETRO SERVICES SDN BHD – Respondent

Cases Referred (5)

INDUSTRIAL COURT ALOR SETAR
MOHD KHAIRI MUSTAFA ZAHARI – Appellant
Versus
ZETRO SERVICES SDN BHD – Respondent