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2021 MarsdenLR 506

INDUSTRIAL COURT KUALA LUMPUR
PHILOMINA FF SILVARI – Appellant
Versus
DAITO ASIA DEVELOPMENT (M) SDN BHD – Respondent


AWARD

Paramalingam J Doraisamy:

[1] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 15 July 2019.

I. Procedural History

[2] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 27 February 2020.

[3] The matter was thereafter fixed for mention on 24 July 2020 and 8 September 2020 before the learned Chairman of Court 6, Tuan Gulam Muhiaddeen Bin Abdul Aziz.

[4] Upon the transfer of Tuan Gulam Muhiaddeen Bin Abdul Aziz to the Advisory Board, Prime Minister's Department on 15 August 2020, the matter was fixed for mention before the learned Chairman Tuan Syed Noh Bin Said Nazir @ Nadzir on 6 October 2020.

[5] Pursuant to the directions of the Honourable President of the Industrial Court, the case was transferred from Court No. 6 to this Court, ie Court No. 22, on 20 October 2020 for the purposes of hearing the matter and handing down an Award.

[6] Thereafter, a further mention date was fixed for 3 February 2021 before me wherein the Claimant had raised an objection pertaining to the filing of the Forms A and B by the Company on the grou


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