AWARD

Vide Ministerial reference dated 21 September 2004, this matter which involved the dismissal of Encik Gunasekaran a/I Vellasamy by his employer Cheng Hua Engineering Works SDN BHD on 24 November 2003 was referred to the Industrial Court for an award under s. 20(3) of the Industrial Relations Act 1967 .

The case was first called for mention on 22 December 2004 with the claimant personally present in Court and the company being represented by their Human Resource Executives Puan Sri Rahayu and Mr Yeo.

The claimant assisted by his daughter informed the Court that he had worked for the company since September 1999 and had been dismissed in 2003 over a dispute about the change in job function. In the light of the differences that had arisen between the claimant and the company the claimant informed the Court that he would be happy to have the matter resolved if the company could offer him 3 months compensationin lieu of reinstatement.

The offer was put before the company's representatives and the company's representatives after consulting with the management agreed to the request of the claimant to resolve the case on those terms. It was agreed between the parties thereto that the claimant would withdraw the suit against the company upon the company agreeing to compensate the claimant 3 months salary ie, the sum of RM2145 in full and final settlement before 31 December 2004.

The parties thereto had requested the Court to record the terms abovementioned in a consent award.

Pursuant to the aforesaid mentioned terms agreed to by both the parties, the Court hereby accordingly records the agreed terms in a consent award.