AWARD

Eswary Maree:

Reference

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (1967 Act) by the Director General of Industrial Relations, emanates from the dismissal of Simon Yesudason by Menang Development (M) Sdn Bhd on 22 March 2021.

Preamble

[2]Vide an Interim Award No 2195 of 2022 dated 29 September 2022 this instant case was heard together with Case No 14/4-700/22 (between M Azman Mohamed v. Menang Development (M) Sdn Bhd) and Case No 14/4-701/22 (between Lechumanan Patoo v. Menang Development (M) Sdn Bhd). As these cases had not been consolidated but only heard together, this Court will hand down separate and distinct Award for each individual case which highlights the distinct facts of each of the case.

[3] This Court considered all the notes of proceedings in this matter, documents and the cause papers in handing down this Award, namely:

(i) Statement of Case dated 18 March 2022;

(ii) Statement In Reply dated 11 April 2022;

(iii) Rejoinder dated 21 April 2022;

(iv) Claimant's Bundle of Documents: CLB-1A;

(v) Claimant's Bundle of Documents 2: CLB-2A;

(vi) Claimant's Bundle of Documents No 3: CLB-3A;

(vii) Company's Bundle of Documents: COB-1A;

(viii) Company'