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2010 MarsdenLR 2116

INDUSTRIAL COURT, KUALA LUMPUR
YAP TRIM CHOY – Appellant
Versus
KYOWA HAKKO (M) SDN BHD – Respondent


This is a reference by the Honourable Minister of Human Resources under Section 20 (3) of the Industrial Relations Act 1967 for an award in respect of a dispute arising out of the dismissal of ENCIK YAP THIM CHOY (hereinafter referred to as "the Claimant" ) by KYOWA HAKKO (M) SDN. BHD. (hereinafter referred to as "the Respondent" ).

AWARD

This is a Ministerial reference dated 03rd Mei 2010 to the Industrial Court under s. 20(3) of the Industrial Relations Act 1967 (Act 177) for an award in respect of the dismissal of Encik Yap Thim Choy ("the Claimant") by Kyowa Hakko (M) Sdn Bhd ("the Respondent") (the Company) on 08 April 2004.

At the mention date of 11 November 2010 the parties informed the Court in writing that they had amicably resolved the matter. As requested by the parties the Court hereby hands down a Consent Award on the following terms:-

1. The Company has agreed to pay an ex-gratia sum of RM20,000.00 (Ringgit Malaysia Twenty Thousand Only) to the Claimant as full and final settlement of this case ("the ex-gratia sum") without any admission of liability on either of the parties;

2. The Claimant has agreed to accept the ex-gratia sum;

3. The ex-gratia sum shall be paid by the

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