AWARD

This was a reference under s. 20 of the Industrial Relations Act 1967 requiring the court to hear and determine the claimant's complaint of wrongful dismissal by the company on 18 November 1999.

At the material time the claimant was in the employ of the company as its maintenance head. On 18 November 1999 he gave a letter of resignation which reads as follows:

H'ng Peng Poo (Michael),

Emp No. M 93006,

Maintenance Department.

18 November 1999.

Magnificient Diagraph Sdn. Bhd.,

2929, Jalan Kelisa Emas Satu,

13700 Seberang Jaya, Perai.

Attn: Mr. Mathavan Arjunan

Re: Letter Of Resignation

With Reference To The Above, Regrettably, Please Be Inform That I Tender My Resignation With Effective Today (18 Nov 1999) Due To Personal Matter.

Regretably For Any Inconvenience Caused. Thank You. Yours Faithfully,

Signed

Michael H'ng

The very next day the claimant sent a letter (COB1 p. 8) to the company alleging that his resignation had been forced. This letter is reproduced:

BY AR REGISTERED

H'ng Peng Poo,

177 B.P.V.A.,

11000 Balik Pulau.

19th November 1999.

Mr. Mathavan Arjunan,

Store Manager,

Carrefour,

(Magnificient Diagraph Sdn. Bhd.,),

No. 2929, Jalan Kelisa Emas 1,

13700 Seberang Jaya, Perai.

Dear sir,

Re: Forced Resignation

I refer to the meeting at your office on 18th November 1999 between Mr. Mathavan Arjunan and myself wherein I was threatened to either resign immediately or you would call the police to arrest me.

I protested to your action but you informed me that I had no choice but to resign immediately to avoid any embarrassment as the police would handcuff me upon my arrest.

I wish to put on record that my resignation was not voluntary but by force and under duress. The contents of the letter of resignation was dictated by you wherein I was forced to write and sign the said letter immediately. I was not even given an opportunity to consider my options or to obtain any independent advice.

I protest to your above underhanded tactics and unprofessional manner in order to obtain my resignation as I have done nothing wrong other than serving your organization faithfully.

Signed

H'ng Peng Poo

Before the hearing commenced on 21 April 2004 it was made known to the court that the claimant was a bankrupt but, notwithstanding this, the company had no objections to the case being proceeded with.

The Claimant's Evidence

The claimant testified that sometime in November 1999 the ceiling board in the company's electrical department collapsed. He was instructed by the store manager Mr. Mathavan Arjunan to clear the scrap. So, with the help of some other employees, he cleared the scrap and left it in the car park. However, Mr. Mathavan instructed him to get the security guards to contact someone to take the scrap away as it was taking up too much space at the car park and was a real eye sore. He then asked a security guard Mr. Charles Vincent to attend to these instructions. Then, on 18 November 1999 at about 8.30am. Mr. Mathavan called the claimant, accused him of selling the scrap, and asked him to resign failing which a police report would be lodged against him. The claimant was given a pen and instructed to write as dictated. On realising that a resignation letter was being dictated the claimant declined to write, whereupon Mr. Mathavan became very angry and threatened to call the police to hand-cuff the claimant and escort him out of the building witnessed by the other employees. The claimant succumbed to this threat and wrote the resignation letter as instructed. He was then further instructed to immediately collect his belongings and was escorted out of the company's premises by a security guard. The very next day he took action to rectify the situation by writing a retraction letter vide COB1 p. 8. In his witness statement (CL5) and again under cross-examination the claimant denied having sold the scrap. When asked in cross-examination the exact words of Mr. Mathavan the claimant quoted then "you have to resign". When asked for his response to these words he quoted hi