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2007 MarsdenLR 1306

INDUSTRIAL COURT KUALA LUMPUR
MOHD RASHID MOHD IBRAHIM – Appellant
Versus
UNCANG EMAS SDN BHD – Respondent


AWARD

Background

1. This dispute involves the dismissal of Mohd. Rashid bin Mohd. Ibrahim the Claimant by his employer Uncang Emas Sdn. Bhd. on 01.09.2003. The Claimant commenced employment with MBF Property Services Sdn. Bhd. on 03.12.1993 which was these taken over by the Company with effect from 01.06.1998. The Claimant contends that for the purposes of computing the length of service with the Company, his services with MBF Property Services Sdn. Bhd. should be deemed continuous.

2. The Claimant had filed his Statement of Case on 07.11.2005 but the Company had not filed in their reply. At the hearing on 31.03.2005 the Court was told that the Company had gone under receivership and the Company's solicitors M/S Sarbjit & Co. informed the Court that the Company had been would up on 07.12.2005. M/S Sarbjit & Co. has been appointed solicitors for the receiver of the Company which is M/S Ernst & Young. M/S Sarbjit & Co. had informed the Court that they have not been appointed to act for the liquidator and had no instruction to file a Statement in Reply on their behalf. The Court directed that the liquidator appoints their solicitors if need be to file in their Statement in Reply and set

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