industrial court malaysia - Malaysian Legal and Tax Information Centre

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REFERENCE: This is a reference made under Section 20(3) of the Industrial Relations Act, 1967 pertaining to the dismissal of Encik Thomas Juergen Schnitker (the Claimant) by DIGI Telecommunications Sdn. Bhd (the Respondent). AWARD This is a reference made under Section 20(3) of the Industrial Relations Act, 1967 pertaining to the dismissal of Mr Thomas Juergen Schnitker (the Claimant) by DIGI Telecommunications Sdn. Bhd (the Respondent or “the Company”). The Claimant's Last Drawn Salary was RM102,850.00 (See page 33 of Company's Bundle of Documents, COB1). The Issues The Issues in this case are as follows: First Issue: Whether the dismissal was with just cause <strong>and</strong> excuse. Second Issue: Whether the Claimant's contract of employment was a fixed term contract. Third Issue: If the dismissal was without just cause <strong>and</strong> excuse, whether the Claimant should be reinstated. Fourth Issue: What would be the quantum in terms of backwages. 2
The Pleadings The Pleadings in this case comprised the following: a) Statement of Case dated 15.11.2010 (“SOC”); b) Statement in Reply dated 12.2.2011 (“SIR”); c) Rejoinder dated 14.3.2011 (“Rejoinder”). The Documents The Documents pertaining to this case were as follows: a) Claimant's Bundle of Documents-1 marked as “CLB-1”; b) Company's Bundle of Documents marked as “COB-1”; c) Company's Supplementary Bundle of Documents marked as “COB-2”. The Witnesses The Witnesses were: 1. The Company's sole witness Mr. Chan Nam Kiong (COW1, Witness Statement dated 25.5.2011 marked as “COW-S1”); 2. The Claimant was sole witness in his case (CLW1, Witness Statement dated 25.5.2011 marked as “CLW-S1”). Claimant's Case The Contract of Employment The Claimant was appointed as the Chief Commercial/Marketing Officer (CCO/CMO) of the Company by virtue of the Letter of Offer of Employment dated 3
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industrial court malaysia - Malaysian Legal and Tax Information Centre

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