[1] This is a reference made by the Director General of Industrial Relations dated 12 September 2022, pursuant to s 20(3) Industrial Relations Act 1967 , for this Court to hear and determine the matter of dismissal of Raja Segar A/L Ragavan (the Claimant) by Emirates Supply Chain Services Sdn Bhd (the Company).

[2] This matter was referred to be heard and decided by this Court, according to the reference by the Director General of Industrial Relations dated 12 September 2022.

[3] The hearing of this matter was held on 16 May 2024 and 31 May 2024, presided by the then Chairman of Court 13, Yang Arif Puan Selva Rani Thiyagarajan.

[4] The award for this matter will now be handed down by the current Chair of Court 13, who took office with effect from 18 November 2024.

A. Factual Matrix

[5] Based on the pleadings filed, the facts of this case can be summarized as follows:

5.1 The Claimant commenced employment with the Company