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2019 MarsdenLR 2481

INDUSTRIAL COURT PENANG
WONG SAI CHOONG – Appellant
Versus
SOUTH ISLAND GARMENT SDN BHD – Respondent


Petitioner Advocates:Vijayan Veeriah ,Respondent Advocate: Leow Tat Fah

Table of Content
1. overview of employment termination case and complaint initiation. (Para 1 , 2 , 3)
2. summarization of the claimant's and respondent's arguments regarding the dismissal. (Para 4 , 5 , 6)
3. court's assessment of misconduct and determination of the dismissal's legality. (Para 7 , 8)
4. court responsibilities regarding domestic inquiry. (Para 9 , 10)

[1] This reference emanates from a complaint made by WONG SAI CHOONG ("the Claimant") who was terminated from his employment with SOUTH ISLAND GARMENT SDN BHD ("the Respondent ") with effect from the 21st of May 2015.

[2] The Claimant being dissatisfied with the circumstances under which he was terminated from his services with his then employer made representations to the Director General for Industrial Relations, Malaysia; under s 20(1) of the Industrial Relations Act 1967 ('the Act').

[3] Flowing from the complaint, the Honorable Minister for Human Resources made a Ministerial Reference dated the 15th of September 2015 directing this Court to inquire into to complaint.

The Hearing

[4] The hearing of this matter commenced on the 25th of October 2017 and the matter was completed on the 7th of May 2018 after several postpone

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