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2014 MarsdenLR 86

INDUSTRIAL COURT KUALA LUMPUR
MARISKA YULIANTI – Appellant
Versus
UNIVERSE DIGITAL LIBRARY SDN BHD – Respondent


Table of Content
1. court's procedural handling of ministerial reference. (Para 1 , 1 , 2 , 3 , 4 , 5 , 6)
2. fairness to the claimant in ex parte hearing. (Para 7)
3. duties of the industrial court in dismissal cases. (Para 8 , 9)
4. claimant's resignation and related disputes. (Para 10 , 11 , 12)
5. company's failure to justify dismissal. (Para 13)

[1] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 11 July 2012.

Background

[2] The Court decided to hear this ministerial reference on 1 October 2014 after it was convinced that the Company had been properly served with the notices of mention (Form F) and hearings (Form G) of the Industrial Rules 1967 (the Rules) and had chosen to stay away from the hearing of this claim. On the first mention date on 21 May 2013 before this Court, the Company did not appear but it had sent a letter dated 17 May 2013 which was received by the Court on 20 May 2013. The letter was signed by one Mr. Mohd Sani Babjan and he had requested the matter to be adjourned as the Company was busy with other commitments. Learned counsel for the Claimant appeared and the next date 24 Jun

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