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1992 MarsdenLR 15

INDUSTRIAL COURT KUALA LUMPUR
CYCLE & CARRIAGE BINTANG BHD. – Appellant
Versus
CHEAH HIAN LIM – Respondent


THE CASE

The parties to the dispute are Cycle & Carriage Bintang Bhd., the Company and Cheah Hian Lim, the Claimant.The dispute is over the retrenchment of the Claimant on the ground of redundancy.

According to the Statement of Case, dated 19 April 1990, the Claimant has pleaded, inter alia that he joined the Company on 1 June 1981, as Assistant Trading Manager and subsequently promoted as Dealers Manager.By a letter dated 31 October 1984 (CL2) the Claimant was redesignated as Manager, Branches and Dealers.By the Company's letter dated 16 June 1988, (CL3) the Claimant's services were terminated on the grounds of redundancy.The Claimant contends that his purported termination on the grounds of redundancy was a colourable exercise motivated by mala fides and an act of victimisation.The Claimant also contends that his purported retrenchment on grounds of redundancy amounts to a dismissal without just cause or excuse as his position in the Company was not surplus to requirement as alleged.The Claimant further contends that he was dismissed without just cause or excuse as the purported retrenchment was in violation of the industrial law principle of "last in, first out", and in breach o

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