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2010 MarsdenLR 2971

INDUSTRIAL COURT, KUALA LUMPUR
YAP FAT – Appellant
Versus
SOUTHERN INVESTMENT BANK BHD/ SOUTHERN BANK BERHAD & ANOR – Respondent


Table of Content
1. dispute involving employment dismissal. (Para 1 , 2)
2. objection to admissibility of documents. (Para 3 , 5 , 6)
3. common law on admissibility should apply. (Para 8 , 9 , 10 , 11)
4. protection of confidentiality under bafia. (Para 13 , 14 , 15 , 17 , 18 , 19 , 20 , 21 , 22)
5. ruling on admissibility of documents. (Para 23 , 24 , 25)
Mariah Ahmad:

[1] The parties to the dispute before this court are Encik Yap Fat and Southern Investment Bank Bhd. and CIMB Bank Berhad (collectively referred as the bank). The dispute arose out of the dismissal of the claimant by the bank on 12 July 2005. The hearing of this case proceeded on 3 September 2008.

[2] In the course of hearing, the claimant has annexed a number of documents belonging to the bank in the Bundle CLB1 which are contained at pp. 4A to 40 ("the said documents").

[3] Learned counsel for the bank strenuously objected to the admissibility of the said documents on two grounds which are as follows:

(i) The said documents belonged to the bank and they remain the property of the bank and that the same have been illegally obtained from the bank without its expressed permission and/or knowledge;

(ii) The production of the sai

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