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INDUSTRIAL COURT KUALA LUMPUR
AHMAD SANI ISMAIL – Appellant
Versus
TEGAS LOGISTIK SDN BHD – Respondent
| Table of Content |
|---|
| 1. dismissal reference under industrial relations act (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. court's analysis of reasons for dismissal (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 20 , 31 , 35 , 36) |
| 3. arguments related to misconduct and response (Para 22 , 23 , 24 , 76 , 77 , 78 , 80 , 81 , 84) |
| 4. decision on just cause for dismissal (Para 29 , 30) |
| 5. final ruling on the dismissal (Para 90 , 92) |
A. Reference
[1] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 as amended by the Industrial Relations (Amendment) Act 2020 (A 1615) ("the IRA 1967"), in respect of the dismissal of AHMAD SANI ISMAIL ("the Claimant") by his employer, TEGAS LOGISTIK SDN BHD ("the Company") on 7 March 2023.
B. The Proceedings
[2] The Claimant in this case was dismissed by the Company on the grounds of misconduct. The Company alleged that the Claimant committed serious acts of misconduct due to his frequent lateness and absenteeism despite multiple warnings and opportunities given to him.
[3] The Company commenced the case by calling its sole witness, Alvin Sur
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