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INDUSTRIAL COURT, KUALA LUMPUR
ONG SIEW CHING – Appellant
Versus
GUESTSERV (MALAYSIA) SDN BHD(FORMERLY KNOWN AS CTC FRONTIER SDN BHD) – Respondent
| Table of Content |
|---|
| 1. court's authority and procedural background. (Para 1 , 2) |
| 2. facts surrounding the claimant's employment and dismissal. (Para 3 , 4) |
| 3. issues agreed for trial concerning misconduct. (Para 5 , 6) |
| 4. legal standards for absenteeism and misconduct. (Para 7 , 8 , 9) |
| 5. company's testimony regarding leave approval procedure. (Para 10 , 11 , 12 , 13 , 14) |
| 6. claimant's defense regarding leave application. (Para 15 , 16 , 17 , 18) |
| 7. court's findings on claimant's absenteeism and misconduct. (Para 19 , 20) |
| 8. insubordination and dismissal justification. (Para 21) |
[1]This reference stems from the dismissal of Cik Ong Siew Ching ("the claimant") by Guestserv (Malaysia) Sdn Bhd (Formerly known as CTC Frontier Sdn Bhd) ("the company") on 30 November 2001.
[2]This reference has been transferred from Court 28 to Court 27 for the writing of the Award as the former Chairman of Court 28 has gone on transfer. This Award is now penned by the learned Chairman Court 27. The learned Chairman has been directed by the President to hand down this Award in the interest of justice. The last submission was filed on 19 February 2008 and the matter has been pending since. The Court relies on the aut
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