Jalaldin Hussain:-

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 arising out of the dismissal of the claimant by the company on 2 March 2005. The matter was referred to the Industrial Court through a reference ordered by the Honourable Minister of Human Resources dated 28 June 2006 and received by the Court on 6 September 2006.

Brief Facts

[2] The claimant was appointed as a Legal Clerk with the company as of 7 November 1995 as per CLB pp 1 and 2. The claimant was confirmed in his position as of 24 January 1996 as per CLB p 3. The claimant claimed that there was no problem working in the company till June 2000. The claimant's problem with the company started when the company employed one Mr Looi Fook Cheng (COW1) as the Office Manager in June 2001, COW1 was responsible for the administrative functions of the company with overall supervision over all support staffs including the claimant.

[3] COW1 in carrying out his duties had after consulting the Managing Partner of the company, Mr Tan Beng Chai (COW2) and the claimant prepared a Duty Statement for the claimant dated 8 August 2000 as per CLB pp 10 to 13. The claimant was not happy and refused ini