2011 MarsdenLR 2011

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 The claims were withdrawn with liberty to refile.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.