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2025 MarsdenLR 430

INDUSTRIAL COURT KUALA LUMPUR
SIM TEN YONG – Appellant
Versus
SAMA CONCRETE MOULD & ENGINEERING SDN BHD – Respondent


AWARD

Syed Noh Said Nazir @ Syed Nadzir:

Reference

[1] This is a reference dated 25 July 2023 made under s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the dismissal of Sim Ten Yong (hereinafter referred to as "the Claimant") by Sama Concrete Mould & Engineering Sdn Bhd (hereinafter referred to as "the Company") on 31 October 2022.

[2] The reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 31 October 2022 in order for a final award be handed down. Hearing proceeded Ex-Parte and concluded on the day fixed for Hearing ie on 2 October 2024 in the absence of the company pursuant.

Pre-Trial Chronological Events

[3] Having received the reference by the Director General of Industrial Department dated 28 July 2023 pursuant to s 20(3) of the Industrial Relation Act 1967, this Court had proceeded to fix dates for e-mention for 29 August 2023. Further e-mention dates to monitor the filings of cause papers and case management were fixed for 17 October 2023, 16 November 2023, 5 December 2023, 19 December 2023, 15 January 2024, 7 February 2024, 17 October 2024 and 8 November 2024. The parties to the pro


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