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2011 MarsdenLR 1903

INDUSTRIAL COURT, KUALA LUMPUR
SANDRA CHOY YIN LI – Appellant
Versus
CARI INTERNET SDN BHD – Respondent


Table of Content
1. introduction of the case and parties involved. (Para 1)
2. allegations against claimant regarding work conduct. (Para 2 , 13 , 19 , 22 , 28 , 34 , 37 , 42)
3. evidence of emails and phone records. (Para 4 , 5 , 6 , 10 , 11 , 21 , 23)
4. witness testimonies on claimant's behavior. (Para 27 , 30 , 31 , 32 , 33)
5. court's findings on claimant's dismissal. (Para 72 , 86 , 87)
Susila Sithamparam:

[1] This is a reference by the Honourable Minister of Human Resources pursuant to s. 20(3), Industrial Relations Act 1967 arising out of the dismissal of Sandra Choy Yin Li (hereinafter referred to as "the claimant") by Cari Internet Sdn Bhd (hereinafter referred to as "the company") on 28 July 2004. The company carried out internet based services. The claimant was employed as a Business Development Manager by the company on 7 November 2000.

The Allegation That The Claimant Was Doing Personal Work During Office Hours

[2] COW1, the Managing Director of the company testified that the claimant was dismissed on 28 July 2004. Prior to 2004, his relationship with the claimant was good. In 2004, he discovered that she had been doing personal work during office hours. The personal work whic

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