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2023 MarsdenLR 1751

INDUSTRIAL COURT KUALA LUMPUR
MOHAMMAD ASLAM RAJA – Appellant
Versus
VELESTO DRILLING SDN BHD – Respondent


Petitioner Advocates:Lim Jit Kiong,Lin Chia Yi ,Respondent Advocate: Pavalakodi Nadarajah,Vigines Shankar

Table of Content
1. minister's reference to industrial court. (Para 1 , 2 , 3)
2. considerations for the award. (Para 4 , 5)
3. claimant's employment details and allegations. (Para 6 , 7)
4. claimant's claim of unlawful dismissal. (Para 8)
5. remedies sought by claimant. (Para 9)
6. company's case and response. (Para 10 , 11)
7. role and burden of proof in industrial court. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
8. observations on domestic inquiry process. (Para 19)
9. court's findings on domestic inquiry validity. (Para 20 , 21)
10. evidence supports dismissal with just cause. (Para 22)
Nur Fauzah Mokhtar:

Reference

[1] This is a reference dated 7 October 2020 by The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 (Act 177) in respect of the dismissal of MOHAMMAD ASLAM RAJA ("the Claimant") by VELESTO DRILLING SDN BHD ("the Company") on 23 March 2020.

[2] This case was previously tried and concluded by the former Chairman of Court 20, Yang Arif Puan Rajeswari Karupiah who had since retired from the Industrial Court. This case has now been transferred to this Court and I have been requested to prepare and de

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