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2022 MarsdenLR 816

HIGH COURT MALAYA KUALA LUMPUR
LING CHEN LEE – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent


Petitioner Advocates:Goh Chin Han,Elizabeth Goh Huay Ling ,Respondent Advocate: Vasanthi V Sathasivam

JUDGMENT

Noorin Badaruddin J:

[1] The Applicant, by way of this application, seeks to challenge the decision of the Industrial Court in its Award of 114/2021 ("Award"), in the Award, the Industrial Court ruled that the 2nd Respondent ("the Company") had never at any time terminated the Applicant's employment but instead it was the Applicant who had unilaterally terminated his employment with the Company.

Facts

[2] The Applicant held the post as a Conference/Training Senior Sales Executive with a monthly gross salary of RM3,000 in the Company who is in the business of offering conferences/training to various corporations.

[3] The Applicant was offered with the post vide a Letter of Offer dated 25 June 2018 and was subsequently confirmed on 1 October 2018.

[4] The Applicant was supervised by one Ms Shamita, a Sales Advisor of the Company.

[5] On 17 July 2021 Ms Shamita informed the Applicant of the Company's retrenchment exercise which involved the Applicant. The Applicant was asked to sign a Mutual Separation Agreement which inter alia contained the Applicant's consent to end his employment with the Company and that his salary for the month of July 2019 will be paid pro-rate after deductio


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