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2003 MarsdenLR 434

INDUSTRIAL COURT KUALA LUMPUR
GOODWAY RUBBER INDUSTRIES SDN BHD – Appellant
Versus
CHARLES JAMES HENRY GEORGE – Respondent


AWARD

This dispute arises over the dismissal of the claimant by the company on 16 July 1999

The claimant commenced employment with the company as sales executive on 1 January 1998 vide a letter of employment marked as CL1 in the claimant's bundle of documents (hereinafter to be referred as CLB). In this CL1 there can be found the claimant's job description whereby his accountability was to ensure that the company's sales targets were met. On 2 April 1998 the claimant was confirmed in his position.

The company vide their letter dated 16 June 1999 marked as CL3 in CLB preferred five charges against the claimant. These charges were that the claimant was not able to meet the departmental requiring after advising and training on numerous occasions; had been found to have upset fellow workers in the department; did not achieve or fulfil job responsibilities and budget; did not have "team work" - such coordination and cooperation during the performance of the job; and found sleeping during works as per the company's letter given on 22 February 1999. The claimant replied to all these charges and this could be seen in CL4 of CLB. However the company convened a domestic inquiry against the clai

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