[1] The Ministerial reference in this case required the Court to hear and determine the Claimants complaint of dismissal by the Company on 4 October 2016 and was received by the Industrial Court on 6 March 2017.

Background Of The Case

[2] The Company which was involved in the business of providing advertising services is registered in Sydney, Australia. The Company operated an office in Desa Seri Hartamas, Kuala Lumpur and had registered it with Suruhanjaya Syarikat Malaysia as Ultimate Media Group Sdn Bhd where the Claimant had worked. The Claimant claimed constructive dismissal on 4 October 2016. The case was fixed for mention on 13 April 2017, 16 May 2017, 19 June 2017, 19 July 2017, 3 August 2017 and 5 September 2017. On each mention date, the Companys representative was absent although the notices for mention had been served on the Companys registered address in Kuala Lumpur. On 5 September 2017, the Court fixed the hearing date on 5 October 2017 and ruled that if the Company failed to attend on that date, the hearing will proceed albeit