AWARD

Indra Ayub:

A. Reference

[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 (" IRA 1967") arising out of the dismissal of ABAS BIN TUAH (hereinafter referred to as "the claimant") by MALAYSIA AIRPORTS HOLDINGS BERHAD (herein referred to as "the company").

B. Preface

[2] This Ministerial reference in this case required the Court to hear and determine the claimant's complaint of dismissal by the company on 10 December 2018 and was received by the Industrial Court on 7 May 2019.

[3] The claimant was engaged by Department of Civil Aviation (DCA) Sabah as Security Assistant with effect from 27 February 1981. Thereafter, in 1992, the DCA was separated into two entities, one of which was Malaysia Airports Berhad.

The claimant was offered employment with the company vide a letter dated 6 December 2001 as Operations Assistant with Malaysia Airports Sdn Bhd, which is a wholly owned subsidiary of the company. The claimant was subsequently confirmed in employment as Operations Assistant.

[4] The claimant's last post in the company before the termination of his service was as Senior Executive Commercial. The claimant's last