This is a reference made under section 20 (3) of the Industrial Relations Act 1967 (Act 177) arising out of the dismissal of Zulkifli Bin Shahari (hereinafter referred to as "the Claimant") by Telekom Malaysia Berhad (hereinafter referred to as "the Respondent" ) on 11.6.2010.
 This is a reference by the Honourable Minister of Human Resources under Section 20(3) of the Industrial Relations Act 1967 (Act 177) ('IRA') on 28.4.2011 to the Industrial Court arising out of the dismissal Zulkifli Bin Shahari ('the Claimant') on 11.6.2010 by Telekom Malaysia Berhad ('the Respondent'). This case was initially heard by Industrial Court Chairman Dato' Jalaldin bin Haji Hussain prior to his retirement. After his retirement on 12.8.2014, with the consent of the parties, the continued hearing of this case proceeded before the current Chairman.
 At the time of his termination, the Claimant was the Assistant General Manager, Sports Event Management, Section Sports Event Management, Strategic Event Management, Integrated Marketing, TM as stated in his letter of appointment dated 10.3.2008 adduced as p 10 COB-1 and he is to report to Puan Boey Wai Fun, (COW-4) General Manager, Strategic Event Management, Section Strategic Event Management, Integrated Marketing, TM from 10.3.2008. The Claimant's contention is that he has been dismissed without just cause or excuse on 11.6.2010 after serving the Respondent for a period of about 14 years. The Claimant commenced employment with the Respondent as Head of Smart Card Unit Business Multimedia in August 1996. On the other hand, the Respondent has argued that as the Claimant was found guilty of serious charges of misconduct after the Domestic Inquiry ("DI") was carried out, the Claimant was therefore properly dismissed and hence the Claimant's dismissal is fair and justified by the facts of the case.