Award

Eswary Maree:

Reference

[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 as amended by the Industrial Relations (Amendment) Act 2020 (the Act) by the Director General of Industrial Relations, emanates from the dismissal of Hamizah Kamarul Jaman ("the Claimant") by Siti Healthcare Sdn Bhd ("the Company") on 8 August 2023.

[2] This matter was heard ex-parte on 11 October 2024 in the presence of the Claimant's Counsel and the Claimant. The Company's Representative was absent.

[3] When this matter was first called up for e-mention on 12 March 2024 the Claimant was present but the Company was absent. During the said mention, this Court gave directions to the parties for filing of pleadings and the relevant documents. The Claimant had duly filed the pleadings and relevant documents as directed by the Court .

[4] Messrs Hadi & Hakim (apparently representing the Company) had filed an undated Notice of Application (the said Application) to consolidate this case with Case Nos 14/4-1420/23, 14/4-1421/23, 14/4-1422/23, 14/4-1536/23, 14/4-1537/23, 14/41538/23, 14/4-1539/23, 14/4-1540/23, 14/4-198/24, 14/4-200/24, 14/4-201/24 and 14/4-202/24 but there was no Affidavit In Support was filed to support the said Application. The said Application was fixed for hearing on 13 May 2024. However, on the said hearing date, Messrs Hadi & Hakim (the said Firm) seek for an adjournment to file Affidavit In Support to support the said Application. This Court allowed their application for adjournment and directions were given for a proper Notice of Application supported by an Affidavit In Support to be file on or before 20 May 2024 and that the said documents to be served on the Claimant's Solicitors accordingly. This Court also give further directors for the Claimant's Solicitors to be file Affidavit In Reply on or before 10 June 2024 and fixed the Notice of Application for hearing on 30 July 2024 @ 2.00pm. Despite the said directions by this Court , the said Firm chose not to file the Notice of Application and Affidavit In Support. As such, this Court concluded that the said Firm is not filing any application to consolidate and fixed this matter for trial on 23 September 2024 and 24 September 2024.

[5] On the date of trial, namely 23 September 2024, this Court received an email from the said Firm seeking for adjournment of the trial dates allegedly the Counsel in charge of this matter, one Encik Kamal Hadi Ahmad Zaki was taken ill and the medical certificate for the duration of 23 September 2024 to 25 September 2024 was also attached with the said email. This Court allowed the application for postponement and adjourned the matter to 11 October 2024 for trial. Further, since the said Firm has yet to file Form A (Application For Permission To Be Represented By a Legal Practitioner) and Form B (Warrant of Authority) for his appointment and representation, this Court had directed them to file the said Forms on or before 11 October 2024.

[6] On 11 October 2024, the Claimant's Counsel and Claimant was present in Court and ready for the trial.

[7] The Company, for reasons best known to itself only, opted not to attend Court and/or to defend the Claimant's case against the Company. The Company has also failed to file any documents in Court including the said Forms A & B and Statement In Reply despite being instructed to do so.

[8] The Claimant on the other hand had duly filed all the relevant cause papers and documents as directed by the Court . The Claimant requested to proceed with the trial of her case against the Company in the absence of the Company's Representatives and Counsel on 11 October 2024.

[9] The Court , in exercising its power under s 29(d) of the 1967 Act had allowed the Claimant Counsel's application to proceed with the hearing of this matter on 11 October 2024 in the absence of the Company's Representative. Section 29(d) of the 1967 Act reads as follows:

"29. Power of the Court .

The Court may, in