AWARD

Nur Fauzah Mokhtar:

Reference

[1] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under subsection 20(3) of the Industrial Relations Act 1967 [Act 177] in respect of the dismissal of GOWRYPRABAGARI A/P ELANKOOVAN ("the Claimant") by STARS INTERNATIONAL ACADEMY SDN BHD ("the Company") on 21 February 2022.

[2] The hearing of this case was initially fixed for two days ie on 2 October 2023 and 3 October 2023. The hearing commenced on 2 October 2023 and concluded on the same day. The Company called two (2) witnesses ie Fauzatul Asrar Binti Mohd Rofli ("COW-1") and Sharmadevan Sundrasegaran ("COW-2"). Whilst the Claimant gave evidence on her own behalf.

[3] In handing down this Award the following were considered by the Court:

(a) the record of proceedings;

(b) the notes of proceedings;

(c) Statement of Case dated 18 January 2023;

(d) Statement in Reply dated 11 September 2023;

(e) Rejoinder dated 19 September 2023;

(f) the Claimant's Witness Statement ("CLWS1"), the Witness Statement of COW-1 ("COWS1") and the Witness Statement of COW-2 ("COWS2");

(g) the Claimant's Bundles of Documents marked as CLB1 and CLB2;

(h) the Company's Bund