Award

This is a dismissal case involving Kama Morris Sdn. Bhd. (the company) and Lee Chwee Say (the claimant). In the Statement of Case, the claimant has alleged (1) that there was no dismissal by virtue of the fact that the act of dismissing was made by a party not privy to the contract of employment and (2) that alternatively if there was a dismissal, it was made without just cause or excuse. In the Statement in Reply, the company has denied the allegations of the claimant and contended that he was dismissed for grave misconduct. The brief facts can be summarised herein. The company was and still is a private limited company operating a business as electrical and mechanical engineering contractors. It was formerly known as Syarikat R.E. Morris (Malaysia) Sdn. Bhd. and was incorporated on 27 December 1973. The claimant joined the company as an electrical supervisor in 1973 and was appointed Manager in 1979. At the time, Milton Tan C2, a Singaporean, was the holder of 95% shares in the company and the balance of 5% were held by the claimant and one Yap Kee Wan in equal shares. On 13 October 1984, Encik Kamaruddin CW1 came into the company by purchasing 60% of the shares