AWARD

Paralingam J Doraisamy:

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 Nurul Hanisah Binti Mohd Isa (hereinafter referred to as "the Claimant") by Continental Tyre PJ Malaysia Sdn Bhd (hereinafter referred to as "the Company") on 31 May 2021.

[2] The reference by the Director General of Industrial Relations ("DGIR") in this case required the Court to hear and determine the Claimants' complaint of dismissal by the Company on 31 May 2021.

I. Procedural History

[3] The Industrial Court received the letter pertaining to the DGIR's reference under s 20(3) of the Industrial Relations Act 1967 on 20 January 2022.

[4] The matter was fixed for mention on 7 March 2022, 18 April 2022, 2 June 2022, 24 August 2022, 6 March 2023, 5 May 2023, 16 August 2023, 11 September 2023 and 12 January 2024.

[5] The trial of the matter proceeded on 23 October 2024.

II. Parties' Position On The Merits

(a) The Claimant

[6] The Claimant was employed by the Company as an HR Operations Payroll Analyst by way of a Contract of Employment dated 31 July 2019. She effectively commenced her employment with the Company on 23 September 2