2025 MarsdenLR 6283

INDUSTRIAL COURT MALAYSIA
Mohammad Huzaini Bin Abdul Manaf – Appellant
Versus
Percetakan Mun Sun Sdn. Bhd. – Respondent
22/4-120/24

The tribunal is mandated to adjudicate upon dismissal disputes referred by the relevant authority to determine whether the termination of employment was performed lawfully and justified under the applicable industrial legislation.

Headnote:(A) Industrial Relations Act 1967 - Section 20(3) - Dismissal - Unfair dismissal claim - Reference to industrial tribunal - Procedural history - The matter concerns a reference made by the relevant government authority to hear and determine a complaint of dismissal from employment. The court oversees the progression of the case through various mention dates and trial hearings to evaluate the legality of the termination. (Paras 1-4)

Facts of the case:
A reference was initiated regarding an individual's dismissal from their employment. Following the formal notice of the reference, the matter proceeded through a series of mention dates and trial hearings conducted by the tribunal to facilitate the adjudication process.

Findings of Court:
The court acknowledged receipt of the reference and completed the scheduled trial proceedings to address the complaint of dismissal.

Issues: The main issue is whether the dismissal of the employee by the organization was conducted in accordance with the law and whether the termination constitutes an unfair dismissal.

Ratio Decidendi: The court is tasked with the statutory mandate to hear and determine the merits of a dismissal complaint, ensuring that the procedural requirements for an industrial dispute are met and the case is adjudicated upon following the conclusion of trial evidence.

Result: Trial concluded.