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4-743/06 between encik adar bin ya and proton ... - Industrial Court

4-743/06 between encik adar bin ya and proton ... - Industrial Court

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Reference:<br />

The reference of the Honourable Minister of Human Resources, Malaysia<br />

is regarding the dismissal of Encik Adar <strong>bin</strong> Ya (“the claimant”) by Proton<br />

Edar Sdn. Bhd. (“the company”).<br />

AWARD<br />

(NO: 64 OF 2011)<br />

This is a Ministerial reference to the <strong>Industrial</strong> <strong>Court</strong> under section 20 (3)<br />

of the <strong>Industrial</strong> Relations Act 1967 (“the Act”) made on 17 March 20<strong>06</strong><br />

for an award in respect of the dismissal of Adar <strong>bin</strong> Ya (“the claimant”)<br />

by Proton Edar Sdn Bhd (“the company”).<br />

Background<br />

The case was heard by the previous Y.A. Chairman of <strong>Industrial</strong> <strong>Court</strong> No.<br />

28 <strong>and</strong> he has been transferred from <strong>Industrial</strong> <strong>Court</strong> effective in March<br />

2009. As such, the learned President of the <strong>Industrial</strong> <strong>Court</strong> transferred<br />

the matter to this Division on 8 December 2010. It is pertinent to note<br />

that counsel for both parties on 16 November 2010 have agreed for this<br />

<strong>Court</strong> to deliver the award.<br />

After having carefully perused, examined <strong>and</strong> considered the notes of<br />

evidence from both the company as well as the claimant, the <strong>Court</strong> does<br />

2

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