The dispute emanates over the claimant's dismissal from the services of the company on 12 March 2002. Vide letter of 26 September 2003 the dispute was referred to the Industrial Court by the Minister of Human Resources under s. 20(3) of the Industrial Relations Act 1967 for an award.

Brief Facts

The claimant started working for the company on 1 November 1985 as a bodyguardvide a letter of appointment dated 1 November 1985 with a monthly salary of RM900 and graded "1B" (exhibit SK 1).

Throughout his period of employment with the company the claimant had been upgraded twice to the grade "1A' and later to the grade of "SG".

Vide a letter dated 15 December 1986 he was redesignated as a security personnel with effect from 1 January 1987 (exhibit SK 2).

As bodyguard/security personnel, the claimant's primary duty and responsibility was to protect the executive Chairman, Tan Sri Quek Leng Chan (COW1) and his family. This included escorting and accompanying COW1, his wife and his children when they leave the office or residence to wherever they wanted to go. He was also to bring the Chairman's cook to the market and at the end of the marketing to bring her back to the house.

By a letter da