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2011 MarsdenLR 2856

INDUSTRIAL COURT KUALA LUMPUR
TN MACHINERY & EQUIPMENT (KL) SDN BHD & ORS – Appellant
Versus
CHOONG LOONG WUN – Respondent


Table of Content
1. dismissal dispute due to transfer refusal (Para 1 , 1 , 2 , 3 , 4 , 5 , 6 , 8)
2. claimant's claims of dismissal and company's denial (Para 9 , 10 , 11 , 12 , 13)
3. established rights regarding employee transfer (Para 15 , 16 , 17)
4. determination of dismissal validity (Para 18 , 19)

[1] The dispute in this case emanates from the dismissal of the Claimant by and from the services of the 3rd Company allegedly without just cause or excuse.

Salient Facts of Case

[2] The Claimant commenced employment with the 1st Company with effect from 4th October 1993 as a Sales Executive with a basic salary of RM1,200.00 per month. (Refer to Exhibit "C-1" in the Statement of Case).

[3] The 1st Company vide a letter dated 1st September 1997 informed the Claimant that he has been appointed to the post of Assistant Sales/Services Manager and is transferred to the 2nd Company effective 1st September 1997 wherein his services were deemed continuous. (Refer to Exhibit "C-2" in the Statement of Case).

[4] The 2nd Company vide a letter dated 24th December 1997 transferred the Claimant to the 3rd Company wherein again his services were deemed continuous without any changes in the terms of his e

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