AWARD

Fredrick Indran XA Nicholas:

The Reference

[1] Redzuan Yaacob ('the claimant') ceased from his erstwhile service with Bank Kerjasama Rakyat Malaysia Bhd ('the Bank') with effect from 6 September 2012. Being aggrieved by the circumstances surrounding this cessation of employment, the claimant made representations to the Director General for Industrial Relations under s 20(1) of the Industrial Relations Act 1967 ('the Act') on 31 October 2012. The conciliatory labours undertaken by the Director General's office proved fruitless and for this reason, the Honourable Minister of Human Resources, Malaysia was duly notified of the unsuccessful reconciliation process under s 20(2) of the Act. Upon the perusal of this notification, a

The Track Before, During And After The Trial

[2] This reference was first mentioned before Industrial Court No 9 sitting in Alor Setar, Kedah on 4 June 2013. After a number of mention dates fixed between 9 July 2013 and 12 November 2014, for administrative and file management purposes, the trial of this matter commenced on 5 August 2015. Evidence in the form of the examination-in-chief, followed by cross-examination was recorded from the Bank's first witness (designated 'COW1' - one Rohizam bin Abdul Rahman - a Branch Executive of the Bank); after which the learned counsel for the claimant requested that the then presiding officer recuse himself from further hearing the matter. No reason for this request could be gleaned from the notes of evidence, apart from the fact that the Bank's erudite Representative had no objections