The parties to the dispute in this case was between Denko Industrial Corporation Bhd. (hereinafter to be referred as 'the company') and Nazariah Abbas (hereinafter to be called 'the claimant') who alleged that she was dismissed by the company without just cause or excuse, and it was arbitrary and capricious.

The claimant was appointed as the company's secretary and legal affairs manager with effect from 2 May 1994 and around the middle of May 1994 was also appointed as the human resources and administration manager of the company. At the time of the dismissal dated 2 August 1994 she was receiving a salary of RM4,500 per month and was still on probation for six (6) months. Therefore she was only employed by the company for about three (3) months before she was dismissed. Her letter of appointment dated 15 April 1994 as in exh. CO1 is appended below:

Denco Industrial Corporation Berhad Suits 16.01, 16th Floor, Mensra Tan & Tan 207 Jalan Tun Razak 50400 Kuala Lumpur

15 April 1994

Cik Nazariah Abbas 50 Kg Padang Balang Sentul 58000 KUALA LUMPUR.

Dear Cik Nazariah

Letter Of Appointment

Company Secretary/Legal Affairs Manager

We are pleased to hereby offer you the position of company secretary/legal affairs manager. Your date of commencement of service shall be 2 May 1994.

Appended below are the terms and conditions of service which govern your appointment:

Probation

You will be required to serve a probationary period of six (6) months and depending on your performance this period may be extended at the company's discretion.

Termination

Termination of employment during period of probation can be effected by either party giving to the other written notice of one (1) week or payment in lieu thereof and one month's notice after confirmation of service or payment of one month's salary in lieu thereof.

Working Hours

Monday to Friday - 9a.m. to 5p.m. Saturday - 9a.m. to 1p.m.

Salary

Your commencing salary shall be RM4,500 (Ringgit Four Thousand Five Hundred only).

Salary Review

Salary review shall be conducted at the following period:

1. 1st anniversary of employment, OR 2. Beginning of next financial year.

Medical Benefits

Medical expenses will be reimbursed by the company as long as it is within reason.

Term Life Assurance

48 months of basic salary.

Public Holidays

16 days public holidays per calendar year to be arranged at the discretion of the company except for the following compulsory public holidays:

1) National Day 2) Birthday of the Yang DiPertuan Agung 3) Federal Territory Day 4) Labour Day

Sick Leave

Without hospitalisation per calendar year: 1) Less than 2 years of service - 14 days 2) 2 years but less than 5 years service - 18 days 3) 5 years and above - 22 days

Without hospitalisation per calendar year is 60 days.

Annual Leave

You will be entitled to the 21 days paid annual leave after completion of 12 months of continuous service with the company.

Transfer

Depending on the requirements of the company, you may be transferred from one section or department to another, or to any of the subsidiaries or associate companies.

Compassionate Leave

Compassionate leave will be granted under the following circumstances:

1) Attending the funeral of a deceased member (for this purpose is defined as child, husband/wife, brothers/sisters, parents and parents-in-law) - 2 days

2) Employee's own first legal marriage - 3 day

3) Birth of employees own child (up to five children) - 1 day

EPF Contribution

EPF shall be contributed by both employer and employee at the rate prescribed by the EPF Act.

Bonus

Bonus will be paid at the discretion of the management depending on the performance of both the company and the employee, eligibility of bonus payment is on condition that you are still in the service of the company at the time of payment of bonus.

Personal Accident Insurance Coverage

Upon confirmation your coverage under the company's group personal insurance policy is for three years basic.

Other

Other terms and conditions of service apart from the above shall be in accordance with the curre

Click Here to Read the rest of this document