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2021 MarsdenLR 2439

INDUSTRIAL COURT KUALA LUMPUR
KONG MEI FEI – Appellant
Versus
DAEHAN REHABILITATION SERVICES SDN BHD – Respondent


AWARD

Augustine Anthony:

The Reference

[1] This is a reference dated 8 September 2020 by the honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 ("The Act") arising out of the dismissal of Kong Mei Fei ("claimant") by Daehan Rehabilitation Services Sdn Bhd ("company") on 24 June 2020.

[2] The parties in this matter filed their Written Submissions dated 1 June 2021 (company's Written Submissions), 1 June 2021 (claimant's Written Submissions), 8 June 2021 (company's Reply Submissions) and 8 June 2021 (claimant's Reply Submissions).

[3] This court considered all the notes of proceedings in this matter, documents and the cause papers in handing down this Award namely:

(i) The claimant's Statement of Case dated 3 November 2020 and the enclosures therein namely Fixed-term Contract of Employment dated 12 December 2019, Termination of Contract dated 25 March 2020 & Salary Slips for January - June 2020;

(ii) The company's Statement in Reply dated 17 November 2020 and the enclosures therein namely Appendix 1 -10;

(iii) company's Witness Statement (Pathmarajah A/L S.Nadarajah) marked as "COW1-WS";

(iv) company's Witness Statement (Vivien Mak) - Witness not

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