AWARD

This is a reference made under Section 20(3) of the IRA arising out of the dismissal of the Claimant by the Company referred to by the Honourable Minister of Human Resources by a letter dated 1 August 2005 and received by this Court on 21 November 2005.

The case was first mentioned in Court 10 and was subsequently transferred to this Court videAward No: 1150/2006. The case was heard on 28 November 2007 and completed on 10 March 2009. Final submission was filed on 25 August 2009.

Brief Facts:

The Claimant commenced employment with the Company as Computer/Accounts Clerks as of 25 February 2003 at a salary of RM2,000.00 per month.

The Claimant contended that she had dental problems on 2 September 2003 and was given medical leave. The Claimant was on emergency leave on 3 September 2003. She had to undergo dental surgery on 4 September 2003 and was given medical leave on 4 and 5 September 2003.

On 4 September when she went back to office to hand over her medical leave, she found her drawer opened.

On 5 September 2003, the Claimant complained about the incident to the Labour Department which contacted the Company.

The Company said it was an internal matter and requested the Claimant to ret