The claimant commenced employment with the company with effect from 1 March 1997 as a branch manageress of its Malacca Branch. By 17 September 1997, the company had raised the salary of the claimant from RM2,700 per month to RM2,900 per month.

In the month of March 1998 the company required the claimant and all other staff of the branch to change to a different set of terms and conditions. Hence the Claimant had to resign from service on 31 March 1998 and was re-employed under a two year contract on a lower salary scale of RM2,450 on 1 April 1998. Subsequently the claimant was employed as a confirmed employee of the company. Her last drawn salary was RM3,000 per month.

Following the discovery of irregularities between the cash collection from customers and cash banked-in, the company issued a show cause letter to the claimant dated 5 July 2000 containing 17 allegations and suspended her from work for "gross fraudulent misconduct".

The claimant considered herself as being constructively dismissed when she was served with a third domestic inquiry on a second set of charges in continuity after two domestic inquiries had been held on a first set of charges without decisions being made by the company.

The company's first set of charges accused the claimant of gross fraudulent misconduct on seventeen occasions and the second set of charges accused the claimant of knowingly contravening the company's policy without the knowledge of the management on seven occasions. The claimant denied both set of charges. She gave her reply to the company's show cause letter and attended both domestic inquiries on the first set of charges. The claimant gave her reply to the company's show cause letter on the second set of charges but left the company before the third domestic inquiry was held.

The company preferred 17 charges against the claimant and the claimant by way of letter dated 6 July 2000, replied to all the charges:

6th July 2000

Umah Jeralene a/p Louis Adaikalasamy

(660115-14-5028 [ A 0259719 ]

26 Jalan B.R. 3

Taman Bunga Raya

Bukit Beruang

75450 Melaka.

To:

The Executive Director &

General Manager

5-5, Pusat Dagangan UMNO Shah Alam

Lot 8, Persiaran Damai

40000 Shah Alam

Selangor Darul Ehsan.

Attn: Mr. Ei Tiang Sang

Attn: Mr. Chuah Siong Ean

Dear Sir,

RE: REPLY TO ALLEGATIONS OF MISCONDUCT

ALLEGATION 1

Date: 5th November 1999

Lam Siew Chow Purchaser of Unit No. 393.

1. RM1,000 was collected by Mr. Chong Fook Seong during the HOC II promotion at Mahkota Parade as I was on leave for Deepavali from 6th November 1999 to 10th November 1999. HOC II was till 8th November in Mahkota Parade.

ALLEGATION 2

Date: 7th December 1999

Kau Wan Neo @ Koh Wan Niang Purchaser of Unit No. 514E.

1. RM2,500 was not collected by me as alleged, as it was collected by Mr. David Cham Assistant Marketing Manager/Accounts Executive and kept with him and banked in later on 23rd December 1999 without informing me. The Sale was done when I was out to bring my sick daughter to clinic.

ALLEGATION 3

Date: 10th November 1999

Kow Yie How Purchaser of Unit No. 466

1. RM1,000 was not collected by me as alleged as the same was handled by the Assistant Marketing Manager/Accounts Executive Mr. David Cham. This situation arose as I was on leave for Deepavali (6th to 10th November 1999).

ALLEGATION 4

Date: 6th January 2000

Revi Andran a/l Govindran Purchaser of Unit No. 195

1. RM2,000 was banked-in on 17th January 2000, as on the 7th January 2000 I was out delivering Hari Raya Hampers to PTG, PTD staffs personally. The office was closed for (Hari Raya) and (company Trip) from 8th to 12th January 2000. I was on annual leave on 13th January 2000. On 14th January 2000 Encik Mohd was on annual leave. 15th January 2000 was my off day (Saturday). 16th January 2000 was a (Sunday) and the said amount was banked-in when I resumed duty on the above date.

ALLEGATION 5

Date: 13th January 2000

Teoh Yap Kun Purchaser of Unit No. 0346B

1. RM706.93 was collected and deposited on 21st January 20