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HIGH COURT (MUAR)
Bimach Powerhouse Sdn Bhd – Appellant
Versus
Sanizal bin Mahamad – Respondent
| Table of Content |
|---|
| 1. nature of the appeal process. (Para 1 , 2) |
| 2. background of the employment and dismissal. (Para 3 , 4 , 5 , 6 , 8 , 9 , 10 , 11 , 12 , 16) |
| 3. details of employment contract and termination notice. (Para 7 , 13 , 19) |
| 4. procedures followed prior to termination. (Para 14 , 15 , 17 , 18) |
| 5. analysis of due process and natural justice. (Para 20 , 30 , 39) |
GROUNDS OF JUDGMENTINTRODUCTION
[1]This is an appeal against the decision of the Director-General of the Labour Department, Malaysia given on 5 November 2020 in Segamat whereby the Director-General ruled that the Appellant is to pay the Respondent the sum of RM5,000-00 as compensation in lieu of termination notice.
[2]The cause papers are as follows:
i.The Notice of Appeal (Enclosure 1).
ii.Appeal Record (Enclosure 4).
iii.Supplementary Appeal Record (Enclosure 5).
iv.Additional Appeal Record (Enclosure 12).
BACKGROUND FACTS
[3]The Appellant (who is the Defendant in the proceedings before the Director-General, Labour Department) is a company incorporated in Malaysia pursuant to the Companies Act 1965 . The Appellant runs 2 shops selling tyres and other car parts in Segamat including BPH Tyre Taman
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