AWARD

Amrik Singh:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (the Act) arising out of the dismissal of Subramaniam A/L Letchimanan (hereinafter referred to as "the Claimant') by Embassy of the United States of America (hereinafter referred to as "US Embassy") on 4 April 2008.

Preliminary Facts

[2] As a Sovereign State, the United States of America established a diplomatic mission, the US Embassy in Malaysia located at 376, Jalan Tun Razak, 50400 Kuala Lumpur.

[3] The Claimant, a citizen of his home Country, Malaysia, commenced employment with the US Embassy on 20 September 1998 as a security guard known as Local Guard Force (LGF) which is one of the components of the US Embassy's security system to act as the first line of security and protection at the US Embassy.

[4] The Claimant was terminated from his employment with the US Embassy on 4 April 2008 and subsequently filed a representation under s 20(1) of the Act with the Director General of Industrial Relations ('DGIR') at Kuala Lumpur on 23 May 2008.

[5] After a long lapse of time, some ten (10) years later from the date of the Claimant's dismissal, his representation was referred by the