AWARD

This was a reference by the Honourable Minister of Human Resources pursuant to section 20(3), Industrial Relations Act 1967 arising out of the dismissal of Manjula Bai d/o Subramaniam (hereinafter referred to as "the claimant") by Motorola Malaysia Sdn Bhd (hereinafter referred to as "the company") on 18 February 2003.

The matter was fixed for hearing on 3 October 2007. Mr Peter Kandiah of the Malaysian Trade Union Congress appeared before the court and discharged himself as the representative of the claimant. He informed the court that he had informed the claimant of the hearing date. Since the claimant was not present, the hearing proceeded ex-parte . Two witnesses testified on behalf of the company.

The claimant was employed as a Production Operator by the company on 20 April 1979. The claimant had a poor attendance record for the period commencing 22 July 2002 until 30 November 2002 whereby she went on medical leave for several days vide CO-2, Bundle A, pages 1 and 2. The company instructed the claimant by a letter dated 19 November 2002 to obtain treatment from one specified clinic which was near her house and from a specified Consultant Orthopaedic Surgeon at a specified