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1996 MarsdenLR 478

INDUSTRIAL COURT, KUALA LUMPUR
PUBLIC FINANCE BERHAD – Appellant
Versus
MOHAMAD BIN MAT ISA – Respondent


AWARD NO. 230 OF 1996 [4 JUNE 1996]

AWARD

The dispute between the claimant and the company is over the dismissal of the claimant by the company by a letter dated 27 January 1994 as its branch manager. The claimant joined the services of the company on 1 January 1982. The hearing of the case has entered its third day. The learned Counsel for the company Mr. Jayasingam in re-examination had asked Sunny Ng Cheong San (COW4) whether the claimant had used the word "commission". COW4's reply was in the affirmative. He, COW4 was asked: "You say you taperecorded this interview - you have the tapes with you?". His reply was in the affirmative. Mr. Jayasingam then asked COW4:

Q: Can you now go and listen to the tape and take down the exact question and answer pertaining to this commission.

COW4's answer: "Yes".

At this stage Mr. Jayasingam proceeded to address the Court.

Mr. Jayasingam: I am asking him to do that now so that he can tell the Court what the exact words used were.

Then Counsel for the claimant made an objection.

Miss Seah: I object because this means he will be allowed to refer to a tape recording the authencity of which I have not yet challenged in cross-examination. If this is coming

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