Background

This reference emanates from a claim by Cheong Kok Leng (hereinafter referred to as "the claimant") against Siemens Malaysia Sdn Bhd (formerly known as Siemens Electrical Engineering Sdn Bhd) (hereinafter referred to as "the company") for terminating the claimant's services from 3 March 2000.

The brief undisputed facts of the case as per the statement of agreed facts are as follows The claimant joined the company on 17 May 1995 as a senior engineer The claimant's last drawn salary was RM9425 per month together with benefits of Employee Provident Fund contribution, RM100,000 group personal accident insurance, RM1200 car insurance, RM2000 medical care, RM1500 car maintenance and 18 days paid annual leave (ABOD p 1-4). The claimant was confirmed in his position vide letter dated 9 January 1996 (ABOD p 5). The claimant did receive salary increments of RM710 on January 1997 and RM500 in January 1998 (ABOD p 6-8). The claimant did receive bonus at the following times in the following amounts: on 1 January 1996 the sum of RM11,235, on 1 January 1997 the sum of RM8200, on 1 January 1998 the sum of RM8200 and on 1 January 1999 the sum of RM8200 (ABOD p 9-11). The company retre