Award No. 69 of 1990

[23 MARCH 1990]

This is a case involving a dispute between Firex Marketing Sdn. Bhd. (the Company) and Ng Shoo Waa (the Claimant) over the termination of her services by way of retrenchment. In her Statement of Case dated 16 January 1987, the Claimant has pleaded a number of issues: (1) That the Company's purported retrenchment was in reality a disguised dismissal because the Company was unhappy when the Claimant insisted that she be allowed to take her annual leave,(2) That, on the assumption of the validity of the retrenchment, the Company did not attempt to offer her another position and for completely disregarding the principle of last in, first out; (3) That alternatively, on the assumption of the validity of the retrenchment, the Company did not comply with the organisational handbook on retrenchment exercise in failing to offer to pay her one month for every year of service with the Company. The Claimant has prayed for an order of reinstatement without loss of benefits or alternatively, damages. The Company in its Statement in Reply dated 20 May 1988, has denied the allegations and claims maintaining, in effect, that the retrenchment was done as a result o

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