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2004 MarsdenLR 844

INDUSTRIAL COURT, KUALA LUMPUR
AMANOYA (M) SDN BHD – Appellant
Versus
CHAN CHEN-CHEN – Respondent
Award No. 1883 Of 2004 [Case No: 13/4-1638/04]



AWARD

(No. 1883 of 2004)

This matter was referred to the Industrial Court by the Honourable Minister of Human Resources on 1 June 2004 over the dismissal of Puan Chan Chen-Chen on 3 January 2004 for an award under s. 20(3) of the Industrial Relations Act 1967 .

The matter was first called to mention on 4 October 2004 before the Deputy Registrar Mr. Mutang Maran. The company was represented by the company representative Cik Rusani bt. Kembah whilst the claimant was absent.

When the case was mentioned for the second time on 26 October 2004 the claimant was present whilst the company was not represented. The case was fixed for further mention on the third time on 7 December 2004 and both parties were present.

Claimant informed Court that the company and her have agreed with each other at the Industrial Relations Department on 31 May 2002 where in the company agreed to pay her the sum of RM3403 in full and final settlement. The Court was told that the company had not honoured the agreement reached at the Industrial Relations Department in 2002.

The Court directed the company to honour the agreement without any further delay failing which a date would be set for the hearing of the dispute.

The case was adjourned to 21 December 2004 for both parties to sort out the matter by then. When the case was called up on 21 December 2004 claimant was in Court to inform Court that the dispute had been amicably resolved and that she had received the RM3403 in full and final settlement of the dispute. Claimant requested the Court to record the terms of settlement and to withdraw the case against the company.

Court accordingly struck off the case with no liberty to file afresh.

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