Preface

[1] This is a reference by the Honourable Minister of Human Resources under s 20(3) of the Industrial Relations Act 1967 on 8 August 2014 arising out of the dismissal of Vithylingam a/l Letchumanan (the "Claimant") by Ice Room Food & Beverage Management Sdn Bhd (the "Respondent").

[2] The hearing of this case commenced and concluded on 17 June 2015. The Respondent's solicitors, Messrs Ganesalingam Vijayaratnam & Aisha Jothilingam filed their Written Submissions and Bundle of Authorities on 21 July 2015 and Submissions in Reply on 6 August 2015. The Claimant's solicitors, Messrs Lee Boon Peng & Co. filed the Written Submissions and Bundle of Authorities on 23 July 2015 and Claimant's Submissions in Reply on 6 August 2015.

Brief Facts

[3] The Claimant commenced employment with the Respondent as Training & Development Manager with Ice Room Sdn Bhd with effect from 16 September 2010 with a salary of RM 3,500.00 per month and transport/petrol/toll allowance of RM 300.00 per month as reflected in the Claimant's letter of appointment dated 14 August 2010 (CLB1, p 1) signed by the Respondent's General Manager, Cornelius Chong. By Cl 12 of the letter of appointment