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 Lim Pek Choo (hereinafter referred to as "the Claimant") by Sunrise Tours & Travel Sdn Bhd (hereinafter referred to as the Company") on 2 March 2022.

[2] The Reference, in this case, required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 31 July 2021.

I) Procedural History

[3] The matter was fixed for mention on 11 April 2022, 17 May 2022, 6 June 2022 and 7 June 2022.

[4] The case was fixed for hearing on 20 February 2023, 21 February 2023, 15 March 2023, 16 March 2023 and 31 May 2023.

II) Cause Papers, Bundle Of Documents, Witness Statements, And Submission

[5] This Court takes cognizance of the notes of proceedings and the following pleadings, evidence, documents, and submission while handing down this Award:

a. Statement of Case dated 22 April 2022;

b. Statement in Reply dated 4 July 2022;

c. Rejoinder dated 17 August 2022;

d. Claimant's Bundle of Documents ("CLB-1");

e. Claimant's Bundle of Documents Volume 2 ("CLB-2");

f. Company's Bundle of Documents Volume 1 ("COB-1");

g. Company's