Dismissal without just cause requires a Domestic Inquiry; failure to appear in court allows for the unchallenged evidence to stand.

[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 June 2013 was given for the Claimant to file the Statement of Case (SOC). The Court had also ordered for the Company to be informed and for it to appear before this Court.

[3] Form J of the Rules was duly served on the Company on 8 July 2013 and was acknowledged receipt by the Company. On 9 July 2013 when the case was mentioned, the said Mr. Mohd Sani Babjan, Marketing Manager appeared on behalf of the Company and said he had very short notice and requested for time to file the Statement in Reply (SIR). Thus, the Court granted the Company time till 26 July 2013 to file the SIR. However, the Company representative was absent on 26 July 2013 and the SIR had not been filed. The Court staff decided to call the said Mr. Mohd Sani Babjan only to be informed he was too busy to file the SIR. This led the Court to give the Company another chance to file the SIR and to have the matter mentioned on 23 August 2013.

[4] On 23 August 2013 the said Mr. Mohd Sani Babjan appeared in Court but the SIR had not been filed. He had given the excuse that his Managing Director was on maternity leave but he said he could handle the case. A further extension was granted to him to file the SIR and the case was fixed for mention on 9 October 2013. Neither he nor any other Company representative appeared on that date. The SIR had not been filed so the Court instructed that the matter be heard ex partes hould the Company continue to stay away though it was notified in writing each time the case was called up for mention. Case management was heard on 1 November 2013 and the Company was absent even though the Court's notice was left in its letter box.

[5] The Court received the Company's undated letter on 1 November 2013 signed by the said Mr. Mohd Sani Babjan asking for the case to be postponed as the Company was waiting for confirmation from Multimedia Development Corporation. The matter was again mentioned on 21 February 2014 to monitor the proceedings but the Company was absent despite being informed of the date. The hearing scheduled on 24 April 2014 was postponed because of the Claimant's application. The Company had been notified and on 21 April 2014, one Ms Radhiatul Mardhiah Binti Hassan, the Company's Managing Director wrote to the Court asking for the matter to be postponed as she was waiting to deliver her baby.

[6] Therefore, the case was fixed for mention on 11 August 2014 and notices of the mention date as well as the hearing dates on 1 and 2 October 2014 were sent to the Company. The Court's process server stated that there was no one in the office so he had left the notices in the letter box of the Company, which the Court found was not the first time it had been done as on several occasions before that, the Company had been duly alerted despite notices being dropped in t