AWARD

Amrik Singh:

[1] This is a reference by the Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act, 1967 ("the Act") in respect of the dismissal of Woon Kim Choy ("the Claimant") by Acexide Technology Sdn Bhd ("the Company") on 7 November 2019.

Background Of The Case

[2] This instant case was heard together with another claimant's case, no: 18(16)/4-583/2020 between Chang Heng Keong v. Acexide Technology Sdn Bhd at the request of the parties, as the dismissal of both the Claimant and Chang Heng Keong (CHK) arose from identical facts and sequence of events. The Company's sole witness, Lim Boon Huat (COW1), who is the managing director of the Company gave his evidence in all aspects of the case in one single appearance as a witness as it has been agreed that COW1's evidence will be adopted in the other case as well. The Claimant adopts the evidence given by CHK in CHK's case and vice-versa. As both these cases had not been consolidated but only heard together, this Court will hand down separate Award for each case.

[3] The trial of the case proceeded via remote hearing on 9 February 2022 and completed on 28 February 2022.

[4] The following docume