AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] This is a reference made under s 20(3) of the IRA 1967 ("the Act") arising out of the dismissal of Ng Yin Fun (hereinafter referred to as "the Claimant") by Crystalball Advisory Services Sdn Bhd (Formerly Known As Smile-Link Talent Management Sdn Bhd) (hereinafter referred to as "the Company") on 30 October 2019.

Preface

[2] This is a claim of constructive dismissal on 30 September 2019 by the Claimant under s 20(3) of the Industrial Relations Act 1967 . The Claimant had only adduced herself as witness and she testified through her witness statement that was marked as CLWS-1. After the close of the claimant's case, the Company informed this court that it had no witness to produce; depite having filed a witness statement of one Low Sze Sze.

[3] As the witness statement was not tendered by the said Low Sze Sze, the document is not admissible in evidence and was not marked as an exhibit. Hence, the company relied solely on the documentary evidence exhibited in Bundle of Documents COB-1 & COB-2. Both parties were thereafter ordered to file their respective written submissions.

[4] Meanwhile, the firm of solicitors of Messrs SN Nair &