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2019 MarsdenLR 8967

THE INDUSTRIAL COURT OF MALAYSIA IN KUALA LUMPUR
PARAMALINGAM, J DORAISAMY
HAMDAN RASID HJ A MANAN – Appellant
Versus
TELEKOM MALAYSIA BERHAD – Respondent


Advocates:
For the claimant - Teh Hong Jet; M/s Tan Kim Siong & Teh Hong Jet
For the company - Raymond TC Low (Benedict Ngoh with him); M/s Shearn Delamore & Co
Reported by Sharmini Pillai

AWARD

(NO. 30 of 2019)

Paramalingam J Doraisamy:

[1] The Ministerial reference in this case required the court to hear and determine the claimant's complaint of dismissal by the company on 12 April 2017.

Procedural History

[2] The Court received the letter pertaining to the Ministerial reference under s. 20(3) of the Industrial Relations Act 1967 on 22 August 2017.

[3] The matter was fixed for mention on 4 October 2017, 9 January 2018, 8 October 2018 and 17 October 2018.

[4] The matter was transferred from Court No. 14 to this court, ie. Court No. 30, on 30 October 2018 under the instructions of the President of the Industrial Court.

[5] The trial commenced on 7 November 2018 wherein the claimant as well as two of the company's witnesses gave their oral testimonies. The trial concluded on 30 November 2018 with the company's third and final witness giving her oral testimony.

Factual Background

[6] The claimant commenced employment with the company on 2 May 1990 as a Mechanical Engineer, drawing a basic salary of RM1,400 per month. He was confirmed in his position on 19 September 1990.

[7] The claimant was subsequently promoted to the position of Manager of Test and Inspection in 1998 and the

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