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2021 MarsdenLR 1783

INDUSTRIAL COURT KUALA LUMPUR
SHAM AZIZUL ZULKIFLI – Appellant
Versus
CENTRAL SUGARS REFINERY SDN BHD – Respondent


Petitioner Advocates:Dato' Mohamed Dauzkaply Nor ,Respondent Advocate: Alwin Rajasuria,Suzanne Arockiaraj

AWARD

Teoh Chin Chong:

Reference

[1] This is an order of reference dated 24 July 2020 by the Honorable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 (" IRA ") arising out of the dismissal of Sham Azizul Bin Zulkifli ("the Claimant") by Central Sugars Refinery Sdn Bhd ("the Company") on 13 November 2019.

Factual Background

[2] The Claimant was employed by the Company as "Process Operator II" on 1 April 2004. His last drawn salary was RM2543.00 per month.

[3] The Company's nature business is to undertake and perform all or any the operations, undertaken by sugar refiners, contractors and shippers or by persons/companies engaged in such business.

[4] The Claimant had been absent without leave and reasonable cause between January 2019 to November 2019 in particular on:

January 2019: 05, 25

February 2019: 09, 15 & 17

March 2019: 04, 18, 27 & 31

April 2019: 22

May 2019: 02 & 18

June 2019: 11

July 2019: 08, 14, 15, 25 & 27

August 2019: 01, 10 & 18

September 2019: 29

October 2019: 18, 20 & 31

November 2019: 4

[5] On 7 August 2019, the Company had issued the Claimant a Show Cause Letter giving the Claimant three (3) days to show cause towards the Company's allegation t


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