[1] This reference stems from the dismissal of Rosedi bin Mokhtar ("the Claimant") by Malaysian Airlines System Berhad ("the Company") on 21 August 2009.

[2] This reference has been transferred from Court 25 to Court 22 for the writing of the Award as the former Chairman of Court 25 has retired. This Award is now penned by the learned Chairman Court 22. The learned Chairman has been directed by the President to hand down this Award in the interest of justice. The last written submission was filed on 19 June 2014 and the matter has been pending since. The Court relies on the authority of Bax Global (Malaysia) Sdn Bhd (now known as Schenker Logistic [Malaysia] Sdn Bhd) v. Sukhdev Singh s/o Pritam Singh and Anor, (R3-25-162-09) where reference was made, inter alia to s 23(6) of the Industrial Relations Act 1967 by the learned Judicial Commissioner. It was held in the said case that in order to obviate grave hardship being caused the case need not be heard de novo. And the Award written by another Chairman in similar circumstances was upheld by the Appeal Court. Hence this Award is written based on my reading, perusal and evaluation of the facts and evidence conta