IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO. 18/4-1012/23 BETWEEN KOAY KAR HIN AND DN CLEANING & SERVICES SDN BHD AWARD NO.: 2348 OF 2023 BEFORE : Y.A. TUAN JEYASEELEN A/L T. ANTHONY Chairman (Sitting Alone)

VENUE : Industrial Court of Malaysia Penang Branch DATE OF REFERENCE : 29.05.2023 DATES OF MENTION : 21.06.2023, 06.07.2023, 04.08.2023, 21.08.2023 DATE OF HEARING : 22.09.2023 REPRESENTATION : Claimant present Respondent absent A W A R D The Reference.

[1] This is a reference made on 29.05.2023 by the Director General of the Industrial Relations Department to the Industrial Court of Malaysia under Section 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as ‘the Act’) arising out of the dismissal of KOAY KAR HIN (hereinafter referred to as ‘the Claimant’) by DN CLEANING & SERVICES SDN. BHD. (hereinafter referred to as ‘the Company’). The Director General’s reference in this case before the Court requires the Court to hear and determine the Claimant’s complaint of dismissal by the Company on the 01.09.2022.

Background.

[2] Pursuant to the Director-General’s reference dated 29.5.2023 the matter was fixed for mention before this Court on 21.6.2023 at 10.00am by way of google-meet. However, both the Claimant and the Company was absent. The parties were informed of the mention date by way of a notice in Form F which was sent by A.R Registered Post to the last known address of the parties on 12.6.2023. The Company acknowledged receipt of the said notice by signing on the A.R Card on 15.6.2023, however the notice addressed to the Claimant was returned unclaimed. The Court then fixed 6.7.2023 for mention by way google-meet.

[3] On the 6.7.2023, again both the Claimant and the Company was absent. The parties were informed of the mention date by way of a letter dated 22.6.2023 which was sent by A.R Registered Post to the last known address of the parties. The Company acknowledged receipt of the said letter on 28.6.2023 by signing on the A.R Card, however the letter addressed to the Claimant’s was returned unclaimed. The Court then fixed

4.8.2023 as the next mention date by way of google-meet.

[4] On the 4.8.2023, the Claimant and the Company was again absent. The parties were informed of the mention date by way of a letter dated 12.7.2023 which was sent by A.R Registered Post to the last known address of the parties. The Company acknowledged receipt of the said letter on 17.7.2023 by signing on the A.R Card, however the notice addressed to the Claimant’s was returned unclaimed. Directions were then given by this Court for the matter to be fixed for final mention on

18.8.2023 with the physical presence of both parties in court.

[5] On the 18.8.2023, only the Claimant appeared in Court for the mention of this case and the Company was absent again despite being informed of the date by a letter dated 7.8.2023. The Company acknowledged receipt of the said letter which was sent by A.R Registered Post on 8.8.2023 by acknowledging the A.R Card. However, the Court informed the Claimant that the Chairman of this Court is away for a meeting in Kuala Lumpur Industrial Court and hence fixed another mention dated on 21.8.2023.

[6] On the 21.8.2023, the Claimant was present in Court however, the Company was absent. The Court was informed by the Claimant that he has no counsel to represent him. The Court takes note that directions were already given by the Assistant Registrar of this Court to the Claimant to file his Statement of Case by the 21.6.2023 however the Claimant has not done so.

[7] This Court then decided to fix the matter for hearing on the 22.9.2023 at 9.30 am. A Notice of Hearing (Form G) dated 22.8.2023 was served on the Company and the Claimant by way of A.R Registered Post to inform the parties of the hearing date and to appear in Court and failing which this Court will proceed to hear and determine the case notwithstanding the absence of any party.

[8] When the matter was called up for hearing on the 22.9.2023, the Company