MOHAMED SALIM ABDUL HAMID & ANOR v. LAFARGE MALAYAN CEMENT (ASSOCIATED PAN MALAYSIA CEMENT SDN BHD)

[2018] 1 MELR 27
Industrial Court, Kuala Lumpur
Mary Shakila G Azariah
Award No: 1451 of 2017 [Case No: 22(5)/4-1283/11]
Mary Shakila G Azariah

AWARD

Mary Shakila G Azariah:

[1] This reference stems from the dismissal of Mohamed Salim bin Abdul Hamid Dan 1 Perayu Lain ("the claimant") by Lafarge Malayan Cement (Associated Pan Malaysia Cement Sdn Bhd) ("the company") on 4 August 2009.

[2] This reference has been transferred from Court 5 to Court 22 for the writing of the award on the cessation of the Chairman of Court 5 as a Chairman. This award is now penned by the learned Chairman Court 22. The learned Chairman has been directed by the President to hand down this award in the interest of justice. The last written submission was filed on 18 August 2015 and the matter has been pending since. The court relies on the authority of Bax Global (Malaysia) Sdn Bhd v. Sukhdev Singh Pritam Singh & Anor [2010] 3 MELR 56; [2010] 9 MLRH 421; [2011] 2 ILR 251; [2011] 2 CLJ 534, where reference was made, inter alia to s 23(6) of the Industrial Relations Act 196

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