DN CLEANING & SERVICES (M) SDN BHD v KOAY KAR HIN

pa-16a-1-01-2024 High Court (Mahkamah Tinggi) 23 June 2024 • PA-16A-1-01/2024

Catchwords

The case before the Industrial Court (IC) is pursuant to a reference made on 29.5.2023 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 arising out of the dismissal of the Claimant by the Company. Upon hearing the submission of the Company in the presence of the Claimant, I found no ground whatsoever to justify this court to interfere the decision of the learned Chairman of the IC. In the written award, the learned Chairman of the IC had explained thoroughly that the Claimant had testified in his sworn evidence regarding his dismissal. In the situation where the Company is absent during the hearing of the case to rebut the evidence of the Claimant that he was unfairly dismissed by the Company, the Claimant’s evidence now becomes incontrovertible evidence. It is not the duty of the IC to assume the role of an advocate to assist the Company in questioning the veracity of the evidence of the Claimant. In the absence of the Company to rebut the evidence of the Claimant, the IC has rightly found that the Claimant has discharged his burden in proving that he was dismissed by the Company. In this case, despite the notices and letters sent to the Company by the IC informing them of the mention and hearing date, the Company was conspicuously absent on all the dates. As to the denial by the Company that it did not receive all AR Registered Post informing the dates, I found it implausible as the letters were not only sent once but multiple times to the Company. Therefore, I found that the learned Chairman of IC has not erred law and in facts in deciding for the Claimant and the IC was satisfied that the reason or excuse for the dismissal has not been made out by the Company.

Judges (1)

Rozana binti Ali Yusoff Delivered

Parties (2)

DN CLEANING & SERVICES Sdn Bhd Appellant Koay Kar Hin Respondent

Judgment

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Source: eJudgment (pa-16a-1-01-2024)