The reference under Section 20(3) of the Industrial Relations Act 1967 (Act 177) by the Honourable Minister of Human Resources Malaysia, is regarding the dismissal of Yeap Kuan Kim ("the Claimant") by SCHAWK (PENANG) SDN. BHD. ("the Respondent").

AWARD

The reference under section 20 (3) of the Industrial Relations Act 1967 by the Honourable Minister of Human Resources Malaysia, is regarding the dismissal of Yeap Kuan Kim ("the Claimant") by SCHAWK (PENANG) SDN. BHD. formerly known as Laserscan Sdn. Bhd. ("the Respondent"). It was dated the 28th of July 2004 and received by the Court on the 6th of September 2004.

Background

The Claimant was first employed by the Respondent Company ("Company") then known as Laserscan Sdn. Bhd. in 1984. Her last position in the Company was as a Production Manager drawing a monthly salary of RM3,672.00, before she claimed for constructive dismissal.

On the 8th of August 2002 the Claimant was summoned to attend a meeting with Juleen Tan Li Joo (COW 1) the Senior Human Resource Manager and Kennedy Chua, the Senior General Manager to discuss her transfer from the post of Production Manager to Technical Training Manager with effect from the 1st