2021 MarsdenLR 3546
INDUSTRIAL COURT KUALA LUMPUR
FAHMI SHAIRAZI SULAIMAN – Appellant
Versus
PETROLIAM NASIONAL BERHAD – Respondent
Petitioner Advocates:Nur Shazwani Shahdan,Umi Farhanah Mohd Nasir ,Respondent Advocate: Maximilian Tai Kim Sen,Sandra Voon Wan Ting
AWARDReihana Abd Razak:Reference[1] This is a reference by the Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 arising out of the dismissal of Fahmi Shairazi Sulaiman ("the claimant") by Petroliam Nasional Berhad ("the company") on 29 April 2019.
A. Brief Facts[2] The claimant commenced employment with the company on 3 September 2012 as an Executive at Strategy & Portfolio Department, Planning Division and had then been confirmed in his position in April 2013.
[3] At the time of the dismissal, the claimant held the post of Executive Data Analyst, Group Technical Data in Project Delivery & Technology Division in the company and his last drawn salary was RM6,099.00.
[4] The company issued a show cause letter dated 21 March 2019 to the claimant with three (3) allegations of tardiness and absenteeism.
[5] The claimant vide letter dated 26 March 2019 denied all the allegations and gave his explanations about the allegations.
[6] The company then issued a Notice of Domestic Inquiry requiring the claimant to attend a domestic inquiry on 11 April 2019 concerning two (2) charges of lateness and tardiness.
[7] The claimant attended the domestic inquiry and plea
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