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2024 MarsdenLR 2802

INDUSTRIAL COURT KUALA LUMPUR
GERALDINE S BIGAR – Appellant
Versus
COREVATE SYSTEM SDN BHD – Respondent


Petitioner Advocates:Jazzmine Khoo Wei Ching,Ho Shu Ping ,Respondent Advocate: Dinesh Nandrajog,Lesley-Ann Yong Eu-Min

AWARD

Paramalingam J Doraisamy:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Geraldine S Bigar (hereinafter referred to as "the Claimant") by Corevate System Sdn Bhd (hereinafter referred to as "the Company") on 28 February 2022.

[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the Court to hear and determine the Claimants' complaint of dismissal by the Company on 28 February 2022.

I. Procedural Background

[3] The Court received the letter pertaining to the DGIR reference under s 20(3) of the Industrial Relations Act 1967 on 10 November 2022.

[4] The matter was fixed for mention on 6 December 2022, 20 February 2023, 21 March 2023, 3 May 2023, 3 July 2023, 21 July 2023 and 23 November 2023.

[5] The trial proceeded on 23 July 2024, 24 July 2024 and concluded on 9 August 2024.

II. Parties' Position On The Merits

a. The Claimant

[6] The Claimant commenced employment with the Company in 2014 as "Sales Co-ordinator/IT Helpdesk Analyst" vide a Letter of Employment dated 1 September 2014. Her basic salary was RM3,500.00 per month. She was also placed under a


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