Back
2019 MarsdenLR 2910
INDUSTRIAL COURT KUALA LUMPUR
OOI HONG TATT – Appellant
Versus
MEGASTEEL SDN BHD – Respondent
Award No: 2797 Of 2019 [Case No: 30(3)/4-1420/16]
The court clarified the jurisdiction and procedures under the Industrial Relations Act regarding dismissal cases and their management in court processes.
Headnote:{ "Statute Analysis": "This case pertains to s 20(3) of the Industrial Relations Act 1967 (Act 177). The appeal involves multiple claimants dismissed by the company.", "Facts of the Case": "Thirty-four claimants were dismissed from service based on various case numbers. The reference was registered with the court, and subsequently, cases got consolidated and reinstated after being struck out.", "Findings of Court": "The court concluded the dismissals were under review, leading to a consolidation of related cases.", "Issues": "The court framed the issues regarding the validity of the dismissals and procedures followed.", "Ratio Decidendi": "The primary reasoning focused on the jurisdiction of the court under the Industrial Relations Act and appropriate process for dismissal cases.", "Result": "The Court orders deconsolidation of specific cases, allowing for separate withdrawals of claims." }
| Table of Content |
|---|
| 1. reference under industrial relations act 1967 regarding multiple claimants. (Para 1) |
[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Ooi Hong Tatt (hereinafter referred to as "the 1st Claimant" vide Case No 30(3)/4-1420/16) on 1 May 2018, Tham Kok Kien (hereinafter referred to as the "2nd Claimant" vide Case No 30(3)/4-1421/16) on 1 August 2016, Zakaria Bin Abas (hereinafter referred to as the "3rd Claimant" vide Case No 30(3)(15)/4-1523/16) on 1 April 2016, Saiful Haznor Bin Tamrin (hereinafter referred to as "the 4th Claimant" vide Case No 30(3)/4-1675/16) on 16 May 2016, Zamizah Binti Nia'Mat (hereinafter referred to as "the 5th Claimant" vide Case No 30(3)/4-1676/16) on 1 April 2016, Hassanuddin Bin Ismail (hereinafter referred to as "the 6th Claimant" vide Case No 30(3)/4-1720/16) on 1 April 2016, Azian Bin Aziz (hereinafter referred to as "the 7th Claimant" vide Case No 30(3)141721/16) on 1 April 2016, Raja Badrul Izaman Bin Raja Mad Nasir (hereinafter referred to as "the 8th Claimant" vide Case No 30(3)/4-1722/16) on 1 April 2016, Zawawi Bin Othman (hereinafter referred to as "the 9th Claimant" vide Case No 30(3)/4-1723/16) on 1 April 2016, Khu Ling Shio (hereinafter referred to as "the 10th Claimant" vide Case No 30(3)/4-1724/16) on 31 March 2016, Syarifudin Bin Abdullah (hereinafter referred to as "the 11th Claimant" vide Case No 30(3)/41725/16) on 1 April 2016, Norhisham Bin Zakaria (hereinafter referred to as "the 12th Claimant" vide Case No 30(3)/4-1726/16) on 1 April 2016, Lokman Bin Kasdi (hereinafter referred to as "the 13th Claimant" vide Case No 30(3)/4-1727/16) on 1 April 2016, Rosdi Bin Ismail (hereinafter referred to as "the 14th Claimant" vide Case No 30(3)/4-1728/16 on 1 April 2016, Md Zaki Bin Ngadol (hereinafter referred to as "the 15th Claimant" vide Case No 30(3)/4-1729-16) on 1 April 2016, Azleen Bin Ismail (hereinafter referred to as "the 16th Claimant" vide Case No 30(3)/4-1730/16) on 1 April 2016, Zulkifli Bin Ahmad (hereinafter referred to as "the 17th Claimant" vide Case No 30(3)/4-1732/16) on 1 April 2016, Mohd Ashrin Bin Alias (hereinafter referred to as "the 18th Claimant" vide Case No 30(3)/4-1733/16) on 1 April 2016, Norhisham Bin Sansui (hereinafter referred to as "the 19th Claimant" vide Case No 30(3)/4-1734/16) on 1 April 2016, Mohd Syazwan Bin Mohd @ Mohd Sofee (hereinafter referred to as "the 20th Claimant" vide Case No 30(3)/4-1737/16) on 1 April 2016, Zainizam Bin Basri (hereinafter referred to as "the 21st Claimant"vide Case No 30(3)/4-1738/16) on 1 April 2016, Mohamad Fazli Bin Sukiman (hereinafter referred to as "the 22nd Claimant" vide Case No 30(3)/4-1739/16) on 1 April 2016, Rozaimin Bin Ya'akub (hereinafter referred to as "the 23rd Claimant" vide Case No 30(3)/4-1740/16) on 1 April 2016, Ismail Bin Jamal (hereinafter referred to as "the 24th Claimant" vide Case No 30(3)/4-1741/16) on 1 April 2016, Jasmin @ Azhar Bin Osman @ Ahmad (hereinafter referred to as "the 25th Claimant' vide Case No 30(3)/4-1742/16) on 1 April 2016, Ma'ulud Bin Ahmad Zaid (hereinafter referred to as "the 26th Claimant" vide Case No 30(3)/4-1743/16) on 1 April 2016, Ishak Bin Dorahim (hereinafter referred to as "the 27th Claimant" vide Case No 30(3)14-1744/16) on 1 April 2016, Salim Bin Idris (hereinafter referred to as "the 28th Claimant" vide Case No 30(3)/4-1745/16) on 1 April 2016, Nik Mohd Nasir Bin Daud (hereinafter referred to as "the 29th Claimant" vide Case No 30(3)/4-1747/16) on 1 April 2016, Azhar Bin Sulaiman @ Ab Rahman (hereinafter referred to as "the 30th Claimant" vide Case No 30(3)/4-1748/16) on 1 April 2016, Mohd Fadzilah Bin Mutiayir (hereinafter referred to as "the 31st Claimant" vide Case No 30(3)/4-1749/16) on 1 April 2016, Syed Abdul Halim Bin Syed Abd Rahman (hereinafter referred to as "the 32nd Claimant" vide Case No 30(3)/4-1750/16) on 1 April 2016, Mohamad Rohaidi Bin Tohar (hereinaft
