[2019] 1 MELR 85

Industrial Court, Kuala Lumpur
Anna Ng Fui Choo
Award No: 2992 of 2018 [Case No: 3-4-414-16]
22 November 2018


Anna Ng Fui Choo:

[1] The Ministerial reference in this case required the court to hear and determine the claimant's complaint of dismissal by the company on 11 September 2015.


[2] The hearing of this case proceeded for seven days. After the hearing ended on 8 May 2018, learned counsel agreed to file their written submissions. Parties were given until 8 June 2018 to file their written submissions simultaneously and for 25 June 2018 to file their replies to their opponents' submissions, if any. The learned company's counsel filed her written submission on 8 June 2018 but the claimant's counsel did not comply with the court's directions. The first reminder letter from the court was sent to the claimant's counsel on 2 July 2018 and there was a request for extension of time by the claimant's counsel. The court granted the extension until 9 July 2018 but there was a further request for extension of time to file the submission. Thereafter, the court allowed the extension until 11 July 2018. On 11 July 2018, the court received a request for a final extension.

[3] Nevertheless, nothing was forthcoming. Subsequently, the court's staff constantly reminded the claimant's firm/counsel through phone calls that his written submission had not been filed. Despite the reminders, the claimant's submission was not received by the court so on 1 August 2018, the court sent a final letter to the claimant's counsel informing him that due to his failure in filing the submission, the court would be handling down the award and would not wait any longer for his submission. To date, the claimant's counsel has not been in touch with the court or to file the claimant's submission. This court now hands down the award based on the pleadings filed and the evidence taken during the hearing, acting in equity and good conscience after considering the substantial merits of the case.


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