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2004 MarsdenLR 142

INDUSTRIAL COURT KUALA LUMPUR
MCSB SOFTWARE DEVELOPMENT SDN BHD – Appellant
Versus
LEONG MUN KAM – Respondent


AWARD

Leong Mun Kam (the claimant) joined the services of MCSB Software Development Sdn Bhd (the employer) on 2 May 1989 as an analyst programmer 1. As in August 2000, the claimant was a manager in the said employer's company. On 23 August 2000, the claimant was called to see the senior vice president of the human resources department, one Ong Tiong Seng (COW1). COW1 informed the claimant that he would be transferred to MCSB System (JB) Sdn. Bhd in Johor Bahru. When queried on the sudden decision to transfer the claimant, COW1 surprised the claimant with a statement "the bosses don't like you". However, when pestered for a clarification on such statement, COW1 ended the discussion by saying that he did not want to go into details. COW1 then requested the claimant to consider the transfer and to revert to COW1 with an answer by 30 August 2000. As requested, on 30 August 2000 the claimant notified COW1 that the claimant decided to stay put in Kuala Lumpur and explained that he had to look after his parents. The claimant also requested that the management consider other alternatives in lieu of the said transfer.

However on 5 September 2000 the claimant was given an ultimatum by COW1 to

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