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2014 MarsdenLR 1425

HIGH COURT MALAYA KUALA LUMPUR
PARTHEEPAN SINNIAH JOHN – Appellant
Versus
BERNARD TAN WEI TATT – Respondent


Table of Content
1. background of contract and termination details. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. allegations of misconduct against the plaintiff. (Para 7 , 10 , 12)
3. evaluation of evidence regarding vulgarity. (Para 8 , 9 , 11 , 13 , 14 , 15)
4. analysis of late attendance claims. (Para 16)

[1] This is an appeal by the appellant/defendant ('defendant') against the decision of the learned Sessions Court Judge ('SCJ') given on 17 June 2013 allowing the respondent/plaintiff's ('plaintiff') claim of RM136,000.00 together with interest at 5% per annum from 17 July 2013 until full realisation and costs.

[2] The brief facts of the case are these. The plaintiff and the defendant entered into a fixed term contract of two years for provision of DJ services at the defendant's bar (Appeal Record ('AR')/90).

[3] The plaintiff was paid a monthly fee of RM8,000.00 under the contract before its termination, not a monthly salary. No deductions were made for EPF or SOCSO.

[4] There is no termination clause in this contract. In fact, it is clearly provided in cl 3 that the contract may only be terminated at the end of the contracted period by giving two months' written notice.

[5] The terms contained in

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