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1995 MarsdenLR 213

INDUSTRIAL COURT, KUALA LUMPUR
DENKO INDUSTRIAL CORPORATION BHD. – Appellant
Versus
NAZARIAH ABBAS – Respondent


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/l

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