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INDUSTRIAL COURT SABAH
BENJAMIN LIM SIAW MING – Appellant
Versus
SYARIKAT SESCO BERHAD – Respondent
| Table of Content |
|---|
| 1. the dismissal of the employee is a key issue, linked to alleged mismanagement. (Para 1 , 2 , 5 , 6 , 8 , 34) |
| 2. allegations focus on the failure to manage training programs. (Para 12 , 14 , 16 , 37) |
| 3. emphasizes burden of proof and character of allegations. (Para 18 , 19 , 72 , 84) |
| 4. discussion on the validity of domestic inquiry process. (Para 59 , 60 , 69) |
| 5. the court concludes the dismissal is without just cause. (Para 94 , 126) |
A. Reference
[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 ("the IRA 1967") arising out of the dismissal of BENJAMIN LIM SIAW MING (hereinafter referred to as "the Claimant") by SYARIKAT SESCO BERHAD (herein referred to as "the Company").
B. Preface
[2] This Ministerial reference required this Court to hear and determine the Claimant's complaint of dismissal by the Company.
[3] The Claimant was employed by the Company as an Engineer. The Claimant was promoted as Senior Engineer with effect 1 January 2009. The Claimant was later promoted and was appointed as Manager.
[4] The Claimant's last post in the Company before the termination of his service on 10 A
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