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2018 MarsdenLR 267

INDUSTRIAL COURT KUALA LUMPUR
AZRIZAL ALI – Appellant
Versus
SIME DARBY AUTO HYUNDAI SDN BHD – Respondent


Petitioner Advocates:Gelli Saring ,Respondent Advocate: Wong Ken Jun

Table of Content
1. claimant's defenestration and reference process. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. overview of proceedings leading to the court's deliberation. (Para 7 , 8 , 9 , 10 , 11)
3. claimant's plea for reinstatement and company’s denial. (Para 17 , 18)
Fredrick Indran XA Nicholas:

The Reference

[1] Azrizal bin Ali ("the claimant") was defenestrated from his erstwhile service at Sime Darby Auto Hyundai Sdn Bhd ("the company") with effect from 18 June 2015.

[2] Being aggrieved by the circumstances surrounding this defenestration from employment, the claimant made written representations on 10 August 2015 to the Director General for Industrial Relations under s 20(1) of the Industrial Relations Act 1967 ("the Act"); that is, within 60 days of the dismissal, as provided under s 20(1A) of the Act.

[3] The conciliatory exertions undertaken by the Director General's office failed; and for that reason the Honourable Minister of Human Resources, Malaysia was duly notified of the fruitless reconciliation process, under s 20(2) of the Act.

[4] After receipt of this notification and its ancillary papers; and by virtue of s 20(3) of the Act, the Honourable Minister found it fit to exercise t

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