AWARD

Ahmad Zakhi Mohd Daud:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 ("Act") arising out of the dismissal of Woo Kin Keong ("Claimant") by Urban Bar Concepts Sdn Bhd ("Company") on the 26 August 2020.

[2] The Ministerial reference in this case required the court to hear and determine the Claimant's complaint of dismissal by the Company on 26 August 2020.

[3] This court considered the notes of proceedings, documents and cause papers in handing down this Award namely:

(i) Statement of Case dated 26 July 2021

(ii) Statement in Reply dated 23 February 2022

(iii) Rejoinder dated 10 March 2022

(iv) Claimant's Bundle of Documents - CLB-1, CLB-2, CLB-3, CLB-4

(v) Company's Bundle of Documents - COB-1, COB-2, COB-3, COB-4

(vi) Claimant's Witness Statement - CLW-1S (Woo Kin Keong)

(vii) Company's Witness Statement - COW-1S (Lee Kim Hee), COW-2S (Angelo Picca), COW-3S (Hani)

(viii) Claimant's Written Submission and Reply

(ix) Company's Written Submission and Reply

(x) Claimant's Bundle of Authorities

(xi) Company's Bundle of Authorities

Introduction

[4] The dispute before this court is the claim by the Claimant that he had been dismissed from his employment w