[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 Malaysia on 9 August 2012 arising out of the dismissal of Mohd Azhan Ariffin ("the claimant") on 31 December 2010 by Ranhill Bhd ("the respondent").

[2] The hearing of this case was conducted before the then first Chairman, the Honourable Puan Tay Lee Li on 7 October 2013 and 8 October 2013. The case was then continued to be heard and concluded before the then second Chairman, the Honourable Tuan Kamaruzaman Ab Jalil on 1 April 2014.

[3] The claimant's solicitors, Messrs Nizamuddin Hamid & Co filed the Written Submissions on 3 September 2014 and Submissions In Reply on 31 March 2015 respectively. The respondent's representatives; Malaysian Employers Federation filed their Written Submissions on 6 February 2015.

[4] As the second Chairman, Tuan Kamaruzaman Ab Jalil being the last Chairman to hear the case had been transferred to another department in the Government service, the current President of the Industrial Court has directed the Mahkamah 16 Chairman to hand down the award in the interest of justice. The solicitors for the claimant and the re