Background

This is a reference under s. 20(3) of the Industrial Relations Act, 1967 ('the Act') decided by the Minister of Human Resources on 23 October 2002 in connection with the termination of employment of Chan Chee Bin ('the claimant') by Ike Video Distributor Sdn Bhd ('the company') effected on 19 September 2000 and which reference found its way into Industrial Court 15 ('the Court') on 11 November 2002.

At the hearing of the reference on 23 April 2004, the Court proceeded ex parte in the absence of the company. The need therefore to elaborate on the events leading to that hearing is appropriate and now follows.

On record the company was represented by M/s Tan Kok Kwang & Co ('the company's counsel'). Of a total of six mentions, preceded by effectively served notices, the company's counsel only attended the first. In respect of all other mentions, company's counsel wrote to the Court seeking to be excused citing appearance in other civil and criminal courts as reason.

The assistant registrar's directions to file pleadings, exhibits and witness statements were complied with by the claimant through his counsel on record ('the claimant's counsel'). Not so the company's counsel, who