The reference of the Honourable Minister of Human Resources, Malaysia is regarding the alleged constructive dismissal of Mohd. Rosli bin Saidin ("the claimant") by Telekom Malaysia Berhad ("the company") on 10 October 1997.

Brief Facts

The claimant was employed as a technician by the company on 1 June 1979 [MRS-1 of statement of case ("SOC")].

On 1 February 1997 the claimant was confirmed in his position as a systems analyst after a probationary period of 6 months from 1 August 1996 to 31 January 1997.

As a systems analyst, the claimant was responsible for, inter alia , the administration of the Office Automation ("AO") server for the Corporate Information Superhighway Project ("COINS'' Project).

On 12 August 1997, an employee of the company, Syed Sofi Syed Mohamed (COW3), discovered that he was unable to access the company's Local Area Network ("LAN") system. On 13 August 1997, another employee of the company, Md. Hasim Sani (COW2) also discovered that he was unable to access the company's LAN system.

Since the claimant was not in the office, COW2 and COW3 referred their problem to Safian bin Mohd. Sahari (COW1) ("Safian").

Safian could not access the system with his password as Adm