The dispute is over the dismissal of the claimant who was employed by the company as a lab supervisor on 30 March 1992.

The claimant was confirmed by a letter dated 27 June 1992. As from 1 July 1992 his basic salary was increased to RM2,300 with a site allowance of RM200. He was dismissed by a letter dated 21 September 1992. At the material time his last drawn basic salary was RM2,300 plus site allowance of RM300 per month.

The claimant contends that his dismissal is without any just cause or excuse and in breach of the principles of natural justice, an unfair labour practice and unlawful. He therefore prays that he be reinstated in his former job without any loss of wages, allowances, service, seniority, privileges or benefits of any kind.

In the amended statement in reply the company avers that the claimant reported for duty on 2 April 1992 and was employed specifically for the North South Expressway; Ipoh (South) to Simpang Pulai Project, due to be completed in January 1994. The company further avers that the claimant's service was terminated with just cause and excuse on grounds of poor performance and misconduct which was the frequent taking of unjustified medical leave.

Sinc