AWARD

This matter involved the dismissal of Encik Kunju Mohamed bin Ali Mohamed by his employer Ho Wan Genting Berhad on 15 August 2001 and the matter was referred to the Industrial Court for an award on 12 July 2004.

The case was first call for mention on 27 October 2004. Claimant was present and the company was represented by its counsel Mr. T.H. Tan.

Claimant related the matter to the Court about the circumstances of his dismissal and the Court directed that a date be fixed for case management wherein the decision maker in the company could also be present to find an amicable solution to the dispute. The Court fixed 20 December 2004 for parties to appear in Court for case management. In the meantime the Court suggested to the disputants and their respective representatives to open dialogue for a peaceful resolution of their dispute.

When the parties reassembled in Court on 20 December 2004 the Court was informed that the negotiation between the disputants since the last mention date had been successful. Company's counsel Mr. T.H. Tan informed Court that his client had resolved the matter with the claimant on 12 November 2004, two days before Hari Raya. The company had agreed to pay a sum of money on an ex-gratia and in full and final settlement of the claim the parties requested that the sum of money as compensation be not disclosed.

The claimant confirmed the above and asked Court to withdraw the case against the company and further confirmed that he would have no further or other claims against the company.

Court accordingly struck off the case with no liberty to file afresh.