INDUSTRIAL RELATIONS AND EMPLOYMENT

LAW (PLS 2143)

(SEMESTER NOVEMBER 2022 / SESSION 32234)

INDIVIDUAL ASSIGNMENT

LECTURER NAME : MOHD EZANNI BIN JAAFAR

NAME STUDENT ID PROGRAM GROUP

KALAIARASSI A/P 4213001371 BACHELOR OF 2

SIVA SANGAR HUMAN
RESOURCES
MANAGEMENT

ELOSHINI DEVI 4213001711 BACHELOR OF 2

A/P HUMAN
PUNITACUMAR RESOURCES
MANAGEMENT
Issue Addressed In The Article
The issue addressed in the article of Industrial Court Of Malaysia, Case No:
19(20)/4-1715/19 (Award No: 818 OF 2020) is the dismissal of Lee Kok Meng (“ the
claimant”) by his employer, EGTP Sdn. Bhd (“ the company”) on 04.04.2019 is with or
without just cause. In the article, matter was negotiated unlaterally without attendance
on January 8, 2020. The court has submitted all relevant forms. Company notices and
letters at last known business address registered address notifying the company of the
date of entry hearing schedule. The court had also issued a filing order to the company
relavant documents, including submission of responses. Notwithstanding , th above we
for the most well known reasons,only decided againstthem not to appear in court and to
defend the plaintiffs. Claims or actions against us. The company has not submitted
documented in court to date. Meanwhile, the plaintiff formally submitted relevant
grouynds. Court ordered documents and papers. Plaintiff had nothing had no legal
representation and did the whole process myself. P laintiff requested continued
hearing of his allegations and sue the company in its absence representative.

The court, is exercising its powers under section 29(d) of the Act, The
Industrail Relations Act of 1969 (“IRA”) provides for plaintiffs the application for oral
proceedings on this matter on 8 January 2020 is absence of company representatives.
The court shall consider the meritsof the case and issue an order basedon evidence
submitted by the parties. The plaintiff is actually involved in the lawsuit, Act as if you are
present but unwilling to present or argue evidence. Unlike civil courts, labor courts have
no jurisdiction enter a judgement ina default or enter an arbitration award in default. The
company was dealt with or without listening to th merits of the case.

Furthermore, as far as the legal protections sought were concered, the

plaintiff was still on probation. He was fired from the company on his April 4 th 2019,
before it expires April 21, 2019 trail period. In these cases, the court he plans to offer
only one month’s compensation for the loss of employment during remaining
probationary period restoration exchange and back instead of 1 month wage. Therfore,
the Court in consideration of fairness and conscience, the company instructed to pay
the plaintiff a total of RM15,000.00. ( equals as one month salary) as unemployment
compensation. What the court finds fair and just in the circumstances of the case. A
total of RM15,00.00 less statutory deductions will be paid from the date he will be paid
by the company to the claimant within 30 days service of this award.