AWARD

Rusita Md Lazim:

[1] This is a reference dated 23 August 2022 by the Director General of Industrial Relations Malaysia to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as "the IRA ") in respect of the dismissal of Lim Chun Wei (hereinafter referred to as "the Claimant") by her employer, SF Metal Sdn Bhd (hereinafter referred to as "the Company") effective 17 February 2022.

[2] This Court has considered the following cause papers and documents in handing down this Award, namely:

(a) the Claimant's Statement of Case dated 24 November 2022;

(b) the Company's Statement in Reply dated 4 January 2023;

(c) the Rejoinder dated 27 July 2023;

(d) the Claimant's witness statement (Lim Chun Wei) is marked as "CLWS-1";

(e) the Company's Witness Statement (Terrence Ooi Eng Hin) is marked as "COWS-1";

(f) the Company's Supplementary Witness Statement (Terrence Ooi Eng Hin) is marked as "COWS-1A";

(g) the Company's Bundle of Documents marked as "COB-1"; and

(h) the Company's Bundle of Documents marked as "COB-2".

A. Brief Facts Of The Case

[3] The Claimant commenced his employment as Sales Engineer vide a Letter of Offer dated 14 September