AWARD

Zulhelmy Hasan:

Reference

[1] This is a reference by the Director General of Industrial Relations Department of Malaysia dated 27 January 2023 pursuant to s 20(3) of the Industrial Relations Act 1967 which was received by the Industrial Court of Malaysia on 31 January 2023 arising out of the alleged dismissal of JAMES PAUL A/L N ASIRVATHAM (hereinafter referred to as "the Claimant") by TDI APJ MALAYSIA SDN BHD (hereinafter referred to as "the Company") on 22 December 2021.

Factual Background

[2] The Company is in the business of providing warehouse management solution. The nature of the Company's business is to provide consultant services wherein the Company employs people to render the required service by its clients. The Letter of Employment dated 12 April 2021 (at pp 6-10 of CLB) refers to the previous name of the Company (Synnove Systems Sdn Bhd) and was changed to TDI APJ Malaysia Sdn Bhd The Claimant made an application dated 13 June 2023 (Encl 19) to substitute the Company's name of business to TDI APJ Malaysia Sdn Bhd and was allowed by the Court without any objection from the Company vide an Award No 1401 of 2023 dated 21 June 2023.

[3]Vide a Letter of Employment dated 1