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Salman is an administrative assistance in Hildemar Sdn Bhd. He takes home a monthly salary of RMlBT. Recently Salman was accused of fighting with his

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Salman is an administrative assistance in Hildemar Sdn Bhd. He takes home a monthly salary of RMlBT. Recently Salman was accused of fighting with his colleague at work. Musa claimed that Salman shoved him to the ground and threw a thick work le at him when lv'lusa scolded Salman for not completing his assigned task which consequently delayed Musa's own work. After doing some preliminary investigation, the company decided that they have prima facie evidence that a misconduct did happened. The HR department then issued a show cause letter to Salman which Salman replied but the company found his answer to be unsatisfactory. Subsequently the company decide to convene a domestic inquiry against Salman. The HR department sent a notice of inquiry to him and asked him to turn up for the inquiry on the date, time and at the venue specied in the notice. Salman's case was investigated by his supervisor. F'rabhakaran. Herlinda, a senior manager in the Administration Department was appointed as Chairman of the Board of Inquiry. Before the domestic inquiry commence. Hedinda called both Salman and Musa into her ofce to hear their side of the story. Herlinda was of the opinion that the information that she got om the parties would help her get a clearer picture and hopefully settle the matter more speedily. On the day of the domestic inquiry. Salman who was very worried about the DI got distracted while riding his motorcycle and consequently got into an accident that required him to be rushed to the Emergency Ward for treatment. Salman managed to inform the company about his condition and consequently his inability to attend the DI. The company nevertheless decided to continue with the inquiry even without Salman's presence. After the domestic inquiry mes conducted, Salman was found guilty by the Board and was dismissed from his job. Salman who was not satisfied with how the inquiry process was carried out filed a complaint for unjust dismissal under Section 20 of the IRA 196

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