A2SDKHGSDNUINSPKMVBTherefore, if the matter is referred to the Industrial Court, the court would

inquire: (a) whether the retrenchment was justified in the circumstances of the case; (b) whether the
grounds given by the employer are true; and (c) whether the order of retrenchment was motivated by
bad faith and a desire to victimise or harass the workman who for some ulterior reasons the employer
wanted to discharge or dismiss. The burden is on the employer to establish to the satisfaction of the
court that there was a redundancy situation in the company and that the requirement of the job
functions of the employee had ceased or greatly diminished to the extent that the job no longer
existed.48 The Industrial Court in Food Specialities (M) Sdn Bhd v Esa bin Haji Mohamad,49 stated: The
company must come to the Court with concrete proof of redundancy, for the burden is on it to prove
there was actual redundancy on which the dismissal was justifiably grounded. Were it not so, any
employer could use the exercise of reorg