AWARD

Eswary Maree:

Reference

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (1967 Act) by the Honourable Minister for Human Resources emanates from the dismissal of Rasiyuddin bin Hariri ("the Claimant") by Felda D' Saji Sdn Bhd ("the Company") on 1 July 2020.

Preamble

[2] This case was partly heard before the Learned Chairman Tuan Teoh Chin Chong and upon the exist of the said Learned Chairman from the Industrial Court in February 2022, the hearing was continued before me. With this regard, s 23(6) of the Act reads as follow:

"During the absence or inability to act from illness or any other cause by the Chairman, the Yang Di-Pertuan Agong may appoint another person to exercise the powers or perform the functions of the Chairman and, notwithstanding that the Chairman may have resumed the duties of his office, the person so appointed may continue to exercise the powers or perform the functions for the purpose of completing the hearing and determining any trade dispute or matter commenced before him."

[3] Thus, it is clear that s 23(6) of the Act allows another Chairman to continue hearing and determine a part heard case. Reference is also made to the High Cou