Andersen Ong Wai Leong:

A. Reference

[1] This is a reference from The Honourable Minister of Human Resources, Malaysia to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 in respect of the dismissal of Nor Aniza Binti Zainudin ("the Claimant") by her employer, Jambatan Kedua Sdn Bhd ("the Company") on 1 April 2019.

B. Background

[2] The case was initially tried by my fellow Chairman, Yang Arif Tuan Mohd Zulbahrin Bin Zainuddin. Subsequently, I have taken over the conduct of this matter as the new Chairman of this Court and continued with the trial of this matter until its conclusion. I rely on the authority of Bax Global (Malaysia) Sdn Bhd v. Sukhdev Singh Pritam Singh & Anor,, 2010 MarsdenLR 686 where the Court held that s 23(6) of Industrial Relations Act 1967 (" IRA ") allows another Chairman to continue hearing a part-heard case and the new Chairman can hand down award in such cases.

[3] Therefore, this award is written based on my reading, perusal and evaluation of the facts and evidence contained in the notes of proceedings prepared by my fellow Chairman, Yang Arif Tuan Mohd Zulbahrin Bin Zainuddin and gleaned from the documents made avai