AWARD

Jeyaseelen T Anthony:

Reference

[1] This is a reference made on 21 March 2022 by the Director-General of Industrial Relations Department to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 ('the Act') arising out of the dismissal of Chang Chuen Hwa (hereinafter referred to as 'the Claimant') by South Island Plastics Sdn Bhd (hereinafter referred to as 'the Company'). The Director-General's reference in this case before the Court requires the Court to hear and determine the Claimant's complaint of dismissal by the Company on 10 May 2021.

Brief Background Facts Of The Case

[2] The Claimant's pleaded case as contained in his Statement of Case dated 30 May 2022 are as follows:

a. The Claimant pleaded that the Company was founded by the late Dato' Tan Su Chin and his son, Tan Sri Dato' Seri Tan Kok Ping on 2 September 1982 and commenced operations on 20 June 1983.

b. The Claimant was thereafter appointed to the Company's Board of Directors on 21 February 1983.

c. The Claimant averred that he joined the Company on 1 July 1983 as a working director (employee no 10002) with a starting salary of RM1,000.00 and reported to one Tan Kok Aun the Managing