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2021 MarsdenLR 83

FEDERAL COURT PUTRAJAYA
MARITIME INTELLIGENCE SDN BHD – Appellant
Versus
TAN AH GEK – Respondent


Petitioner Advocates:Kanarasan Ghandinesen,Malathi Natarajan ,Respondent Advocate: Wong Boon Chong

JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

1

[1] The appeal before us turns on one aspect of unfair dismissal law. In this jurisdiction, the remedy for unfair dismissal is codified, inter alia, in s 20 of the Industrial Relations Act 1967 ('the Act'). The focal point of the appeal turns on whether the Industrial Court, in the exercise of its statutory function to adjudicate on a representation of dismissal without just cause or excuse under s 20 of the Act, may consider matters or issues which did not comprise basis/reason for the dismissal when the employer made the decision to dismiss, but which the employer seeks to put forward post-dismissal, in the Industrial Court, to justify its earlier decision to dismiss the workman.

[2] This issue is of significance as it touches on the scope and ambit of:

(a) The Industrial Court's powers and jurisdiction under s 20; and

(b) A workman's right to be heard in relation to the reasons made known to him as warranting his dismissal at the time of such dismissal.

[3] The following questions were referred to us:

(a) Whether the Industrial Court has the right to enquire into reasons subsequently put up by the employer via pleading to justify the di

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