AWARD

Paramalingam J Doraisamy:

[1] The Ministerial reference in this case required the Court to hear and determine the Claimants complaint of dismissal by the Company on 2 September 2020.

I. Procedural History

[2] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 3 May 2021.

[3] The matter was fixed for e-mention on 31 May 2021, 8 June 2021, 16 July 2021, 3 March 2022 and 11 March 2022. On the e-mentions conducted on 31 May 2021, 3 March 2022 and 11 March 2022, one En Mohd Zuhaili had represented the Company and taken instructions on the filing of pleadings, witness statements, bundle of documents as well as the fixing of the hearing dates. However, right up to the hearing date of 16 March 2022, the Company failed to file its pleading, witness statements and/or bundle of documents. Despite taking instructions with regards to the filing of pleadings since 31 May 2021, on the last e-mention date of 11 March 2022, the said En Mohd Zuhaili made an about-turn and informed the Court (upon being queried by the Court with regards to the failure to file the Companys pleadings) that he does not know much about the case a