Chew Soo Ho:

Facts Of The Case

[1] Claimant was employed by the company as Administrative Assistant - Marketing and Letting commencing from 1 July 1981 with a salary of RM1,000 per month. Her position was subsequently re-designated to be Sales and Administrative Executive but the scope of her duties and responsibilities remained the same all along. At the time of the claimant's dismissal on 3 August 1999, she was still the Sales and Administrative Executive of the company and her last drawn salary was RM3,500 per month. The company averred that the company's matters relating to tin slag were directly under the charge and control by its head office in Singapore ie, under The Straits Trading Company Limited (STCL) which has its principal activities in investment holdings and also in the business of tin smelting and property development and management whereas STC Realty (BW) Sdn. Bhd (STCR), the subsidiary of STCL and its property arm, is involved in property investment and development and the rentals of STCL's and STCR's properties in Butterworth. The company's Senior Development Officer from Singapore, Mr. Tan Choon Wong (COW1) was categorically assigned to be responsible for the handling and management of tin slag matters and he reported directly to the General Manager of STCL. Claimant's duties and responsibilities did not include handling of tin slag matters.

[2] On 28 June 1999, claimant faxed a letter COB1 p. 4 to COW1 in Singapore regarding a lot of tin slag buried beneath the ground at the labour line on Lot 197 s. 4 Town of Butterworth of the company not being removed and annexed a plan - COB1 p. 5 - for further instruction. This fax was followed by claimant's telephone call to COW1 who gave strict instructions to the claimant not to carry out any excavation work for tin slag as it had been the practice that such work was to be carried out by Malaysia Smelting Corporation (MSC), an associated company of STCL, only. On 30 June 1999, COW1 wrote to MSC with attention to Mr. Lai Fook Hoy (COW4), MSC's General Manager (Operations) requesting excavation work of the tin slag to be carried out between the metal fence and the labour quarters at Lot 197. Upon both parties agreeing to the cost, on 6 July, 1999 COW1 instructed COW4 to proceed with the excavation work. COW1 then left for business trip overseas. Within a day on 7 July 1999, COW4 completed the said task and excavated 59 tonnes of tin slag from the specified area. On 12 July 1999, claimant telephoned Mrs. Victoria Tse (COW5), the Assistant General Manager of the company in Singapore, informing the latter that the excavation work carried out by MSC engaged by COW1 was unsatisfactory and that she/the claimant had appointed a contractor to carry out further excavation which had commenced since 11 July 1999. She also informed COW5 that many people were digging for slag from the beachfront property of STCL known as Bagnall Court and that she had started excavating at the beachfront as it was too late to call for tenders to appoint contractor. She assured COW5 that her contractor would not charge more than what was being charged by MSC and might be cheaper. Claimant also said that she would explain to COW1 when he returned from his overseas trip. On the 13 July 1999 claimant followed up his telephone conversation with COW5 with two letters CLB p. 39 and CLB p. 41 to COW5 and COW1 who had yet to return from overseas via fax informing in writing what she had told COW5 on 12 July 1999 that the slag removal work by MSC at Lot 197 was not satisfactorily completed and there were still a lot of slag buried beneath the ground which she had requested a contractor to excavate, sort, clean and transport the slag for storage at the company's godown since time was limited - this is in CLB p. 39 while in CLB p. 41, she informed that she had to instruct the contractor to excavate and remove slag at Bagnall Court compound in order to prevent further slag stealing. On 21 July 1999, after report