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2021 MarsdenLR 1639

HIGH COURT MALAYA SHAH ALAM
JEFFREY FOO KWAN PHENG – Appellant
Versus
KUMPULAN HARTANAH SELANGOR BHD – Respondent


Petitioner Advocates:Alvin John,Sharan Chandrasekaran ,Respondent Advocate: Abdullah Khubayb,Nadia Fariha

JUDGMENT

Choo Kah Sing J:

Introduction

[1] The appellant, who was the plaintiff at the court below, was not satisfied with the decision of the Sessions court Judge (hereafter 'SCJ') dismissing his claim on 17 January 2020. The appellant then filed an appeal to the High court. On 4 March 2021, this court dismissed the appellant's appeal and affirmed the decision of the SCJ. The reasons for the decision of this court are set out as below. For ease of reference, the parties hereafter shall be referred to according to their positions at the court below.

Brief Facts

[2] The plaintiff was an employee of the defendant company between 21 September 1981 and 31 December 2014. The plaintiff's employment was terminated due to a retrenchment exercise carried out by the defendant company. On 15 December 2014, the plaintiff was notified of his termination, and that the last day of his employment would be on 31 December 2014.

[3] In the course of the plaintiff's employment, the plaintiff was offered an option to purchase the defendant's company shares through an Employees Share Option Scheme (hereafter 'ESOS') by the defendant in December 2005. The option period for the ESOS was for 5 years effective fr


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