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INDUSTRIAL COURT KUALA LUMPUR
RAHIMUDDIN MD HARUN – Appellant
Versus
DARUL KHUSUS VENTURE SDN BHD – Respondent
| Table of Content |
|---|
| 1. reference and procedural history (Para 1 , 2 , 3 , 4 , 5) |
| 2. claimant's employment and actions leading to dismissal (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. company's position on claimant's dismissal (Para 15 , 16 , 17 , 18) |
| 4. function of industrial court and issues (Para 19 , 20) |
| 5. court's findings and reasons on constructive dismissal (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 29 , 30 , 31) |
| 6. legal standards for probationary dismissal (Para 32 , 33 , 34) |
| 7. conclusion and dismissal of claim (Para 35) |
Reference
[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Rahimuddin Bin Md Harun (hereinafter referred to as "the Claimant') by Darul Khusus Venture Sdn Bhd (hereinafter referred to as "the Company") on 3 April 2023.
[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 3 April 2023.
I. Procedural History
[3] The Court received the letter pertaining to the DGIR's reference under s 20(3) of the Industrial Relations Act 1967 on 4 October
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