AWARD

BACKGROUND

1. This is a ministerial reference to the Industrial Court under section 20(3) of the Industrial Relations Act 1967 (Act 177) made on 31 May 2006 for an award in respect of the dismissal of Liew Wei Ling ("the Claimant") by Gladron Chemicals Sdn. Bhd. ("the Respondent") on 18 December 2005.

2. This case was heard by the Chairman of Industrial Court (No. 1), and hearing was completed on 7 May 2008. Claimant's counsel, Puan Nageswary a/p Palanisamy (Messrs Nages & Associates) filed the Claimant's Written Submission on 9 June 2008. The Respondent's Written Submission were filed by the Respondent's counsel, Dr. S. Balasekaran (Messrs Bala & Co.) on 9 July 2008.

3. The previous Chairman has been appointed as a Judicial Commissioner of the High Court of Malaya on 14 August 2009. As the status of the award of this case was pending, this matter was thereafter transferred to this division (Court 13). Both counsel for the Claimant and Respondent consented to the award of this case to be handed down by another Chairman when this case was called for mention on 7 September 2009. Accordingly, I shall now hand down the award for this case. This Award is written based on the d