AWARD

Zulhelmy Hasan

Reference

[1] This is a reference by the Honourable Minister of Human Resources of Malaysia dated 7 October 2020 pursuant to s 20(3) of the Industrial Relations Act 1967 which was received by the Industrial Court of Malaysia on 23 October 2020 arising out of the alleged unlawful dismissal of LEO MEI YOONG (hereinafter referred to as "the Claimant") by ACTIVE BUILDING DEVELOPMENT SDN BHD (hereinafter referred to as "the Company") on 20 March 2020.

Factual Backgrounds

[2] The hearing of this reference was conducted and heard before Y.A. Puan Azwarnida binti Affandi, the Chairperson of the Industrial Court of Malaysia, Johor Branch on 2 August 2022 and 1 March 2023. However, due to unforeseen circumstances and transfer of the previous presiding Chairperson to another government agency, the President of the Industrial Court of Malaysia on 12 July 2024 had transferred this matter to the Industrial Court of Malaysia, Perak Branch for the Chairman of the said division to hand down the Awards for the present reference pursuant to s 22(2) dan 22(3), dan s 29(g) of the Industrial Relations Act 1967 .

[3] The Company is a private limited company incorporated in Malay