Pravin Kaur Jessy:

(Application To Recuse And/Or Restrain Messrs Tan Chuan Yong & SMChan And/Or Its Consultant And/Or Partner And/Or Lawyer From Acting For The Company)

Reference

[1] This reference under s 20(3) of the Industrial Relations Act 1967 (the Act) by the Director General of Industrial Relations emanates from the dismissal of Tan Chee Wah ("the claimant") on 20 April 2024 by PY Rental Sdn Bhd ("the company").

[2] The reference in this case requires the court to hear and determine the claimant's complaint of dismissal by the company on 20 April 2024.

Preamble

[3] The company's legal representatives duly filed the completed Forms A & B dated 10 October 2024, thereby signifying their client's intention for Messrs Tan Chuan Yong & SM Chan to represent the company in these proceedings. In accordance with the procedural requirements, a copy of the company's Form A was served on the claimant's counsel for their client's consent or objection. Similarly, the claimant's legal counsel filed the duly executed Forms A & B dated 29 October 2024 and similarly a copy of the said Form A was served on the company's solicitors. By way of a letter dated 25 November 2024, the claimant via his counsel raised a formal objection to the company's choice of solicitors, contending that they ought not to be permitted to act for the company in this matter.

[4] Following the above, the claimant filed his Statement of Case dated 22 November 2024 together with a Bundle of Documents. The company filed their Statement In Reply dated 11 February 2025 and the claimant subsequently filed his Rejoinder dated 28 February 2025.

Notice Of Application

[5] The claimant had filed a Notice Of Application dated 9 December 2024 (Encl 20A) to recuse and/or restrain Messrs Tan Chuan Yong & SM Chan and/or its consultant and/or partner and/or lawyer from acting for the company. Enclosure 20A was supported by an Affidavit In Support affirmed by the claimant on 9 December 2024 (Encl 20B) which was received by the court on 19 December 2024.

[6] The claimant's reasons for objecting to the appointment and seeking to recuse or retrain Messrs Tan Chuan Yong & SM Chan and/or its consultant and/or partner and/or lawyer from acting for the company was inter alia as follows:

(a) Messrs Tan Chuan Yong & SM Chan had previously acted as solicitors for PY Rental Sdn Bhd in various legal matters involving PY Rental Sdn Bhd during the claimant's tenure as the Managing Director of PY Rental Sdn Bhd since year 2022;

(b) Messrs Tan Chuan Yong & SM Chan had previously been engaged by Interia Sdn Bhd, a company in which the claimant has served as a director since 2021, to act in various legal matters and had acted on the instruction of the claimant;

(c) During the claimant's tenure as the Managing Director and/or Director for PY Rental Sdn Bhd and Interia Sdn Bhd, Messrs Tan Chuan Yong & SM Chan had obtained privileged and confidential information from the claimant and/or taken instructions from the claimant and/or communicated with the claimant;

(d) The dual representation gives rise to a real and/or present and/or prospective conflict of interest if Messrs Tan Chuan Yong & SM Chan acts for PY Rental Sdn Bhd in the present proceeding;

(e) There exists a likelihood that the consultant and/or partner and/or lawyer from Messrs Tan Chuan Yong & SM Chan may be called as a witness in this proceeding;

(f) The continued representation of PY Rental Sdn Bhd by Messrs Tan Chuan Yong & SM Chan results in a breach of rr 3, 4, 5 and 28 of the Legal Profession (Practice and Etiquette) Rules 1978:

• Rule 3: Prohibiting an advocate from representing conflicting interests.

• Rule 4: Requiring an advocate to act with independence and in the best interests of justice.

• Rule 5: Prohibiting the use of information obtained in confidence against a former client.

• Rule 28: Restricting an advocate from appearing as counsel in a matter where he is likely to be called as a witness.

[7] Enclosu