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2018 MarsdenLR 2592

INDUSTRIAL COURT KUALA LUMPUR
MOHAMAD ALI PIAH ABU GHAYAM – Appellant
Versus
PERUSAHAAN OTOMOBIL NASIONAL SDN BHD – Respondent


Petitioner Advocates:A Sivananthan ,Respondent Advocate: Shariffullah Majeed,Sharan Kaur Gill

Table of Content
1. the court evaluated the claimant’s history of attendance and allegations of misconduct. (Para 1 , 2 , 3 , 4 , 5)
2. the company’s internal inquiry process and findings are detailed. (Para 6 , 9 , 10 , 11 , 12 , 13)
3. explores the role of the industrial court in dismissal cases. (Para 7 , 8)
4. the claimant provided explanations for his absenteeism. (Para 15 , 16 , 17)
5. evidence was evaluated regarding the justifications for the claimant’s absences. (Para 18 , 19 , 20 , 23 , 24 , 25 , 26)
6. evidence evaluation regarding attendance and misconduct. (Para 21)
7. the court concluded the dismissal was justified, considering circumstances and company policies. (Para 27 , 28 , 29 , 30)

[1] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 20 October 2014.

Facts

[2] The Company was established in 1983 and is Malaysia's national automotive manufacturer The Claimant commenced employment with the Company on 17 November 1994 as an operator At the time of his dismissal, he was a production worker in the Engine and Transmission Department. His last drawn salary was RM1,827.00 a month.

[3] Vide a sho

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