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2011 MarsdenLR 279
INDUSTRIAL COURT KUALA LUMPUR
G GANESAN GOPAL & ORS – Appellant
Versus
MENANG GLOBAL SYNERGYSS SDN BHD – Respondent
Award No 352 Of 2011 [Case No: 14/4-58/08]
A reference under the Industrial Relations Act can be struck-off if the claimant withdraws due to the employer's non-operation and absence from proceedings.
Headnote:(A) Industrial Relations Act 1967 - Section 20(3) - Dismissal reference made by Claimants against Company for alleged wrongful dismissal.
(B) Claimants withdrew their claim due to Company's non-operation and absence in Court.
(C) The Court ordered the reference to be struck-off.
Facts of the case:
This reference concerns the dismissal of Encik G. Ganesan a/l Gopal and seven others by Menang Global Synergyss Sdn Bhd. The claims were withdrawn with liberty to refile.
Findings of Court:
Given the Company's non-operational status and repeated failures to appear in Court, the reference is to be struck-off.
Issues: The primary issue addressed is the status of the Company at the time of reference and the subsequent withdrawal of claims by the Claimants.
Ratio Decidendi: The Court determined that the Claimants' withdrawal of their claim is warranted due to the Company's persistent absence and non-operation.
Result: Reference struck-off.
| Table of Content |
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| 1. dismissal and claim withdrawal due to company cessation (Para 1 , 2) |
This Ministerial reference stems from the dismissal of Encik G Ganesan a/l Gopal dan 7 Perayu Yang Lain ("the Claimants") by Menang Global Synergyss Sdn Bhd ("Company") on 21 January 2006.
2. Following from the reference, the matter has been fixed for mention on many occasions On 15 March 2011, the Claimant's learned representative from MTUC attending the said mention informed the Court that in view of the fact that Company is no longer in operation and has continued to absent itself for all the mention dates fixed, the Claimants are withdrawing their claim against the Company with liberty to refile the same.
