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INDUSTRIAL COURT PENANG
KOAY KAR HIN – Appellant
Versus
DN CLEANING & SERVICES SDN BHD – Respondent
| Table of Content |
|---|
| 1. reference made under industrial relations act. (Para 1) |
| 2. court's mention dates and attendance. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's power to hear ex-parte. (Para 10 , 11 , 12) |
| 4. role of the industrial court defined. (Para 15) |
| 5. burden of proof in dismissal cases. (Para 16 , 17 , 18) |
| 6. issues to determine in dismissal cases. (Para 19) |
| 7. claimant's evidence regarding dismissal. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 8. effect of unchallenged evidence. (Para 27 , 28 , 29) |
| 9. finding of dismissal without just cause. (Para 31 , 32) |
| 10. award of back wages and final order. (Para 33 , 34 , 35) |
The Reference
[1] This is a reference made on 29 May 2023 by the Director General of the Industrial Relations Department to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as 'the Act') arising out of the dismissal of KOAY KAR HIN (hereinafter referred to as 'the Claimant') by DN CLEANING & SERVICES SDN BHD (hereinafter referred to as 'the Company'). The Director General's reference in this case before the Court requires the Court to hear and determine the Claimant's complaint of dismissal by
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