Court Case Between Encik Harun Bin Hassan and Oceanpac Sdn. Bhd.
INDUSTRIAL COURT OF MALAYSIA CASE NO. 10/4 - 174/08 BETWEEN ENCIK HARUN BIN HASSAN AND OCEANPAC SDN. BHD.
AWARD NO. 185 OF 2010 Before Venue Date of Reference Dates of Mention Dates of Hearing : : : : : Y.A. TUAN FREDRICK INDRAN X.A. NICHOLAS CHAIRMAN (Sitting Alone) Industrial Court of Malaysia, Perak Branch 19 December 2007 13.3.2008, 15.4.2008, 20.5.2008, 5.8.2008 and 7.10.2008 29.4.2009 and 30.4.2009 : : : 15 June 2009 20 July 2009 5 November 2009
Claimants' Written Submission Company's' Written Submission Claimants' Written Submission-In-Reply Representation :
Mr. Mohamad Fakhzan bin Md. Noor Messrs Fakhzan Azlina & Associates Advocates & Solicitors Learned Counsel for the Claimant Mr. Tan Kee Tett Senior Consultant – Industrial Relations Malaysian Employers Federation (MEF) Representative for the Company
1
AWARD
The Reference:
Harun Bin Hassan (‘the Claimant’) ceased from employment with OceanPac Sdn. Bhd. (‘the Company’) with effect from 30.9.2007. The Claimant considering himself to have been dismissed by the Company without just cause or excuse, made representations under s. 20 of the Industrial Relations Act 1967. The Claimant’s representations became a reference before this Court by order of the Honourable Minister of Human Resources, Malaysia. This ministerial dictate was dated 19.12.2007, which was received by the Court’s Registry at Kuala Lumpur on 30.1.2008 and by this Division of the Court at Ipoh, Perak on 18.2.2008.
The Matrix:
The Claimant commenced employment with the Company as the ‘Human Resources Manager’ with a basic salary of RM1,700.00 per month with effect from 1.7.1997. The said appointment was purely on an oral basis. It is to be remembered that section 2 of the Industrial Relations Act 1967 provides that a contract of employment may be oral or in writing.
In or about the year 2003 the Claimant was provided with an allowance of RM200.00 per month over and above his monthly basic salary. Sometime in October 2006 the Claimant
AWARD NO. 185 OF 2010 Before Venue Date of Reference Dates of Mention Dates of Hearing : : : : : Y.A. TUAN FREDRICK INDRAN X.A. NICHOLAS CHAIRMAN (Sitting Alone) Industrial Court of Malaysia, Perak Branch 19 December 2007 13.3.2008, 15.4.2008, 20.5.2008, 5.8.2008 and 7.10.2008 29.4.2009 and 30.4.2009 : : : 15 June 2009 20 July 2009 5 November 2009
Claimants' Written Submission Company's' Written Submission Claimants' Written Submission-In-Reply Representation :
Mr. Mohamad Fakhzan bin Md. Noor Messrs Fakhzan Azlina & Associates Advocates & Solicitors Learned Counsel for the Claimant Mr. Tan Kee Tett Senior Consultant – Industrial Relations Malaysian Employers Federation (MEF) Representative for the Company
1
AWARD
The Reference:
Harun Bin Hassan (‘the Claimant’) ceased from employment with OceanPac Sdn. Bhd. (‘the Company’) with effect from 30.9.2007. The Claimant considering himself to have been dismissed by the Company without just cause or excuse, made representations under s. 20 of the Industrial Relations Act 1967. The Claimant’s representations became a reference before this Court by order of the Honourable Minister of Human Resources, Malaysia. This ministerial dictate was dated 19.12.2007, which was received by the Court’s Registry at Kuala Lumpur on 30.1.2008 and by this Division of the Court at Ipoh, Perak on 18.2.2008.
The Matrix:
The Claimant commenced employment with the Company as the ‘Human Resources Manager’ with a basic salary of RM1,700.00 per month with effect from 1.7.1997. The said appointment was purely on an oral basis. It is to be remembered that section 2 of the Industrial Relations Act 1967 provides that a contract of employment may be oral or in writing.
In or about the year 2003 the Claimant was provided with an allowance of RM200.00 per month over and above his monthly basic salary. Sometime in October 2006 the Claimant