[1] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 as amended by the Industrial Relations (Amendment) Act 2020 (A 1615) ("the IRA 1967"), in respect of the dismissal of AHMAD SANI BIN ISMAIL ("the Claimant") by h is employer, TEGAS LOGISTIK SDN BHD ("the Company") on 7 March 2023.

B. The Proceedings

[2] The Claimant in this case was dismissed by the Company on grounds of misconduct. The Company alleged that the Claimant committed serious acts of misconduct due to his frequent lateness and absenteeism despite multiple warnings and opportunities given to him.

[3] The Company commenced the case by calling its' sole witness, Alvin a/l Surandran ("COW1") to give evidence in support of the Company's case against the Claimant. He was the Company's Human Resource Manager at all material times.

[4] Upon conclusion of the Company's case, the Claimant commenced his case against the Company. The Claimant did not call any other witnesses to give evidence at the trial. Only the Claimant gave evidence at the trial in support of his case against the Company.

[5] The following cause papers