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INDUSTRIAL COURT KUALA LUMPUR
C INDRAN P N CHITRAN J – Appellant
Versus
MUTIARA TCB HOTEL MANAGEMENT SDN BHD – Respondent
| Table of Content |
|---|
| 1. the court addresses the legal framework for handling part-heard cases. (Para 1 , 2 , 3) |
| 2. the claimant's background and role as general manager are established. (Para 5 , 6 , 12 , 14) |
| 3. legal principles regarding just cause for dismissal are reiterated. (Para 18 , 19 , 21) |
| 4. evidence of the claimant's misconduct is examined. (Para 32 , 33 , 38) |
| 5. the court concludes with a determination of just cause for dismissal. (Para 60 , 70 , 74) |
[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (1967 Act) by the Honourable Minister of Human Resources, emanates from the dismissal of C Indran PN Chitran J ("the Claimant") by Mutiara-TCB Hotel Management Sdn Bhd ("the Company") on 3 June 2019.
Preamble
[2] This case was partly heard before the Learned Chairman Tuan Teoh Chin Cheong and upon the exit of the said Learned Chairman from the Industrial Court, the hearing was continued before me. With this regard, s 23(6) of the Act reads as follow:
"During the absence or inability to act from illness or any other cause by the Chairman, the Yang Di-Pertuan Agong may appoint another person to exercise the powers or perform the functions of the Chairman and, not
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