AWARD

Pravin Kaur Jessy:

Reference

[1] This is a reference by the Director General of Industrial Relations Malaysia pursuant to s 20(3) of the Industrial Relations Act 1967 ("the Act") arising out of the alleged dismissal of Khirul Anuar Bin Mohd Amin @ Amin ("the Claimant") by Sirim Berhad ("the Company") on 26 January 2024.

[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 26 January 2024.

Introduction

[3] The Company, by way of Enclosure 48A, moved this court pursuant to ss 29(fa), 29(g) and 52(1) of the Industrial Relations Act 1967 for an order that the claimant's representation for unfair dismissal be struck out, thereby inviting this court to exercise its jurisdictional discretion to summarily dispose of the matter on grounds of want of jurisdiction.

Background Facts

[4] The Claimant commenced his employment with the company as an Associate Metrologist (Job Grade 20) effective from 15 July 2003. He was subsequently confirmed in this position.

[5] On 26 January 2024, the claimant was dismissed on the grounds of misconduct.

[6] At the time of his dismiss