AWARD

This case involved the dismissal of Encik P. Venugopal a/l Ponnusamy by his employer Hong Seng Lee Sdn Bhd on 10 January 2000 and the matter was referred to the Industrial Court for an award on 8 April 2004 under s. 20(3) of the Industrial Relations Act 1967 .

The matter was brought before the Court for mention on 23 June 2004. Mr. Balasubramaniam of the MTUC represented the claimant. Company's representative was absent.

On the second mention date, the company was represented by its representative Ms Amardeep Kaur whilst the claimant was represented by Mr. Balasubramaniam. Claimant was directed to file in their statement of case within two weeks and the statement in reply to be followed by the company within two weeks from thereon. A date was fixed on 29 October 2004 for case management.

On 29 October 2004 when the matter was called up for case management, claimant's representative informed the Court that some proposal had been made to the company for an amicable settlement and the company's representative had brought the proposal to the Board of Directors for their consideration.

Court suggested to both the representatives to discuss the proposal between themselves first and try to reach broad agreement between themselves before putting it to their respective clients.

The case was set down for further case management on 6 December 2004. When both representatives assembled in Court together with their respective client the Court was told that both parties were very close to a settlement and the difference that stood in between was the sum of RM1500.

Whereupon the Court suggested to the disputants before their respective representatives that each party gave in by half of the disputed difference of

RM1500.

The matter was stood down for both representatives to confer with their clients and the matter was reconvened half an hour later.

When the case was re-convened half an hour later both representatives informed the Court that both their client had compromised on the disputed difference and requested the Court to record consent award based on the following terms:-

1. Without admission of liability by either party employer shall pay claimant sum to the RM22750 as full and final settlement of this case.

2. Employer shall pay the abovementioned sum to the claimant through the MTUC before 27 December 2004.

3. Claimant and the company shall both have no further or other claims against one another.

Court accordingly records the consent award based on the abovementioned terms.