AWARD

Selva Rani Thiyagarajan:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Gary Joseph Needham Millward (hereinafter referred to as "the Claimant") by Tarpon Energy Services Asia Pacific Sdn Bhd (hereinafter referred to as the Company") on 8 December 2020.

[2] The Reference, in this case, required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 7 April 2020.

I) Procedural History

[3] The matter was fixed for mention on 11 January 2021, 16 March 2021, 19 July 2021, 30 August 2021, 11 February 2022, 17 October 2022, and 14 November 2022.

[4] The case was first heard before the then-learned judge Chairman of Court 2 Dato Muhammad Bukhari Bin Abd Hamid on 13 September 2021, 14 September 2021, 4 October 2021, 1 November 2021, 2 November 2021, and 9 June 2022.

[5] The Trial proceeded to be heard before the then-learned judge Chairman of Court no 13, Dato Muhammad Bukhari Bin Abd Hamid on 21 July 2022. The written submission was filed thereafter.

[6] Due to the retirement of the learned Chairman Dato Muhammad Buhkari Bin Abd Hamid, effective from 25 November 2022, the