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2008 MarsdenLR 2622 ; 2008 MarsdenLR 1

GABRIEL GUMIS
STEPHEN BAYA PETER & 2 ORS – Appellant
Versus
HOTEL HILTON KUCHING – Respondent


Advocates:
For the 1st Claimant - Boris Jarop; M/s William Ding & Co
For the 2nd Claimant - Law Kiat Min; Asst Secretary Malaysian Trades Union Congress (Sarawak Branch)
For the 3rd Claimant - Absent
For the Respondent/Company - Albert YL Tang; M/s Chew, Jugah, Wan Ullok & Co

REFERENCE:

This is a reference by the Honourable Minister of Human Resources under sub-section 20(3) of the Industrial Relations Act 1967 for an award in respect of a dispute arising out of the dismissal of Stephen Baya Peter, Langkasty @ Narang Anak Ringkai and Julaihi bin Kiffli (referred to as "the 1st, 2nd and 3rd Claimants" respectively) by Hotel Hilton Kuching (referred to as "the Company/Respondent") on 13.1.2004.

AWARD

The parties in this case are the Claimants Stephen Baya Peter, Langkasty @ Narang Anak Ringkai and Julaihi bin Kiffli and their former employer Hotel Hilton Kuching. The Claimants allege that they had been dismissed without just cause or excuse on 13.1.2007.

This case was fixed for Mention today, 10.7.2008. On this day all parties were present except the 3rd Claimant Julaihi bin Kiffli. In respect of the 3rd Claimant who has been consistently absent despite being aware of the dates of the proceedings, the Court orders the case of the 3rd Claimant to be struck out but with liberty to file afresh.

In respect of the 1st and 2nd Claimants, a further date of Mention on 11.8.2008 is ordered by the Court to check on the progress and the date of Hearing, which was ea

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