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2024 MarsdenLR 109

INDUSTRIAL COURT KUALA LUMPUR
ISMAIL MAT PETAH – Appellant
Versus
REZ CAPITAL SDN BHD – Respondent


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 Ismail Bin Mat Petah (hereinafter referred to as "the Claimant") by Rez Capital Sdn Bhd (hereinafter referred to as "the Company") on 15 September 2022.

[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 15 September 2022.

I. Procedural History

[3] The Court received the letter pertaining to the DGIR's reference under s 20(3) of the Industrial Relations Act 1967 on 1 June 2023.

[4] The matter cane up for mention on 28 June 2023, 24 August 2023, 25 September 2023, 9 October 2023 and 30 October 2023. The Claimant was present in Court on all of these mention dates. The Company's representatives however was absent on all the said mention dates.

[5] On the day of the hearing, ie 23 January 2024, the Company was absent and no Statement In Reply had been filed by them into Court. The Court was satisfied that all the relevant Notices had been served on the Company and accordingly exercised its powers


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