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

incident between the claimant and Sugimoto, COW2 supported the
testimony of COW1. COW2 further added that she did not see Sugimoto
punching the claimant. She also remembered that the claimant did point
the “parang” to Sugimoto and told him in angry tone to go back and if he
did not the claimant said he will chop Sugimoto. The last witness for the
company is Mohd Aswan bin Abdullah (COW3). Vide his witness statement
(COWS3 (a)), COW3 said that when the DI was convened he was the Sales
Manager for Jalan Ipoh Branch, Kuala Lumpur. COW3 confirmed that the
DI was convened on 22 April 2004 and apart from YM Engku Ahmad
Kamel and Encik Suhairi Saad, he was also one of the panel members for
the DI. COW2 said that the DI panel followed the procedures and the
claimant also was given the opportunity to cross-examine the witnesses
for the company. He further added that during the said DI also the
claimant called 5 witnesses. As for the DI notes (enclosure 8), COW3
confirmed that the notes recorded was what exacly taken during the DI
proceeding. Finally, he said the DI panel found the claimant guilty only
on 2 nd and 3 rd charges and recommended that the claimant be dismissed.
Claimant's Case
Vide his witness statement (CLWS1 (a), the claimant stated that on 22
March 2004, the company's workshop received a polishing and body
coating order for Proton Waja with registration number WLN 5849.
However, due to the mistake done by one of the company's technician
during the polishing process, there were some scratches at the front
bumper. He further stated that the scratches needed to be repainted
and as a result the delivery of the car to the customer had to be delayed.
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