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INDUSTRIAL COURT KUALA LUMPUR
CHEN XIAOLING – Appellant
Versus
WORLEY PARSONS BUSINESS SERVICES SDN BHD – Respondent
| Table of Content |
|---|
| 1. claimant contends termination lacks justification. (Para 6 , 12 , 16) |
| 2. claimant's role redundancy claimed despite continued employment of subordinates. (Para 7 , 8) |
| 3. company's justification for retrenchment based on economic downturn requiring reorganization. (Para 18 , 19 , 20 , 27) |
| 4. court finds sufficient evidence of dismissal. (Para 24 , 36) |
| 5. bona fide nature of retrenchment under scrutiny. (Para 25) |
[1] The Ministerial reference in this case required the court to hear and determine the claimant's complaint of dismissal by the company on 29 July 2016.
I. Procedural History
[2] The court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 6 March 2017.
[3] The matter was fixed for mention on 30 March 2017, 25 May 2017, 13 July 2017, 8 August 2017, 28 August 2017, 26 September 2017, 25 October 2017, 13 November 2017, 28 November 2017, 7 December 2017, 22 February 2018, 6 March 2018, 13 March 2018, 20 March 2018, 27 March 2018 and 19 April 2018.
[4] The trial proceeded on 7 May 2018 with the company's sole witness whereas the claimant took the stand on 8 May 2018.
[5] On the mention date of 22 June 201
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