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2004 MarsdenLR 210

INDUSTRIAL COURT KUALA LUMPUR
MAYBANK CAWANGAN KUALA SELANGOR – Appellant
Versus
AMIR IBRAHIM SALAMIN – Respondent
Award No. 1767 Of 2004 [Case No: 13/4-2695/04]



AWARD

This case involved the dismissal of Encik Amir bin Hj. Ibrahim Salamin by his employer Maybank Cawangan Kuala Selangor on 3 May 2002 and the matter was referred to the Industrial court for an award on 26 August 2004.

The case was called to mention on 6 December 2004. court was informed that notice of mention sent to the claimant on 22 October 2004 was acknowledged by the claimant. Claimant was not present in court although company's counsel Ms Lizzy Ninan was present.

Company's counsel Ms Ninan informed the court that claimant's appeal to the company for re-instatement was considered and the company had reinstated claimant on 2 January 2003. After going back to work for three weeks claimant via a letter to the company dated 22 January 2003 offered to resign from his employment with the company.

On 3 November 2004 company wrote to the Industrial relations Department stating all the above facts. Company also informed Industrial Relations Department that claimant was supposed to have withdrawn the case against the company upon the company having re-instated claimant on 2 January 2003.

Company believed that claimant had no more interest in the case and hence request court to strike out the case.

Case struck out with no liberty to file afresh.

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