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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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According to the claimant, upon knowing this, Sugimoto who is the<br />

coordinator of the company became upset <strong>and</strong> scolded him for the<br />

mistake done by the technician. He further alleged that despite politely<br />

explaining the situation to Sugimoto he is still not satisfied <strong>and</strong> rudely<br />

pointed finger at him. The claimant then requested Sugimoto not to<br />

point his finger at him <strong>and</strong> not to interfere with operation of the<br />

workshop. At that time he said Hatai came <strong>and</strong> took both of them<br />

outside the workshop <strong>and</strong> again he requested Sugimoto to talk to him<br />

politely <strong>and</strong> not to point finger at him. The claimant alleged that when<br />

he tried to leave Sugimoto <strong>and</strong> walked back to his office Sugimoto<br />

grabbed his shirt around his shoulder but he told Sugimoto to let him go<br />

<strong>and</strong> he further said to Sugimoto that should he wish to talk to him he<br />

must do it properly. However, he said Sugimoto was not happy with his<br />

explanation <strong>and</strong> grabbed him by the collar <strong>and</strong> lifted him off his feet with<br />

his right h<strong>and</strong>. At the same time he said Sugimoto's left h<strong>and</strong> was<br />

clenched into a fist <strong>and</strong> was poised to give him a punch to his face or<br />

head. Acting in self defence, the claimant said he br<strong>and</strong>ished a “parang”<br />

which he took out from the car boot at Sugimoto <strong>and</strong> warned him not to<br />

come any closer. The claimant denied that the “parang” was displayed in<br />

an aggressive attacking manner <strong>and</strong> claimed that it was done as a self<br />

defence <strong>and</strong> in fear of grave physical harm by Sugimoto.<br />

With regards to the DI, the claimant alleged that Sugimoto was not called<br />

during the inquiry. He also claimed that he knew one of the panel<br />

members that is Suhairi Saad for almost ten years since he has worked<br />

with in the company. The claimant's second witness is Mahadi <strong>bin</strong> Ariff.<br />

9

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