AWARD

The claimant was originally appointed on 18 August 1977 as the senior manager (credit management) of Bank Simpanan Nasional (BSN). On 31 October 1996, BSN seconded him to its subsidiary, Bank Simpanan Nasional Finance Bhd (BSNF), the company under this reference, and the letter of secondment (CLA1) states:

PINJAMAN KE PERKHIDMATAN BSN FINANCE BHD

1.Dengan hormatnya dimaklumkan bahawa tuan adalah diluluskan untuk dipinjamkan bertugas di BSN Finance Bhd., sebagai Pengarah Eksekutif/Ketua Pegawai Eksekutif mengikut syarat-syarat perlantikan BSN Finance Bhd.

2. Tempoh pinjaman tuan ditetapkan mulai 1 November 1996 sehingga tarikh tuan diluluskan bersara pilihan sendiri dengan syarat pihak Bank Simpanan Nasional berhak menamatkan tempoh pinjaman ini pada bila-bila masa sahaja.

3. Sehubungan itu tuan dikehendaki mengemukakan permohonan untuk bersara secara pilihan sendiri dengan secepat mungkin. Setelah permohonan tuan untuk bersara secara pilihan sendiri diluluskan oleh Bahagian Pencen, Jabatan Perkhidmatan Awam, Malaysia, Bank akan melantik semula tuan ke jawatan Gred Tertinggi A06 dalam Skim Saraan Bank Simpanan Nasional (SSBSN) ...

This letter of secondment is signed by a Dato' Hj Mohd Kassa Abd Aziz, acting as the managing director of the parent company (BSN), and the same official as chairman of BSNF dishing out the offer of the CEO's post to the claimant. (CLA3 dated November 1994).

The claimant had applied and the JPA vide its letter dated 3 May 1997 approved the optional retirement of the claimant from BSN with effect from 1 June 1997 (CLA7). The claimant had in effect from date of secondment on 31 October 1996 been working as the CEO of BSNF with the raised salary of RM15,000 per month (as in CLA3), ie, on terms and conditions of BSNF.

When the JPA approved the claimant's optional retirement on 3 May 1997, BSN then issued letter (CLA9) on 30 May 1997 appointing the claimant on terms and conditions in the gred tertinggi A06 within the parent company's (BSN's) term of reference, fixing his salary at RM8,330 per month. Whilst the claimant had earlier accepted the terms of secondment on 31 October 1996 vide CLA1 to abide by the AO6 grade, the claimant now refuses to accept CLA9 specifying his salary at RM8,330. This refusal it would appear because in the seconded company BSNF, he secured RM15,000 per month.

The claimant thereby raised some grievances to the chairman of BSN on 30 June 1997 (CLA11) to allege that since he had heard rumours of "corporate politics and intrigues" to have him dismissed from the BSNF's CEO's post, he was appealing for the BSN chairman's interventions.

In the course of his testimony, the claimant alleged the said Dato' Kassa had called him up and expressed anger over the manner the claimant was ventilating his grievance.

The claimant then received letter (CLA14) dated 22 July 1997 from BSN terminating the claimant's secondment, and recalling him to the post of consultant trainer (penasihat latihan) at the pusat latihan BSN Bangi. As a result of this, the claimant had claimed constructive dismissal and left the company.

The company denies having terminated/dismissed the claimant and avers that he had left on his own volition.

Pleadings Of The Claimant

The main thrust of the claimant's case is contained in paras. 13 and 15 of the statement of case:

The Claimant contends that purported termination of his so-called secondment to the Company, after his optional retirement from BSN had been accepted by Jabatan Perkhidmatan Awam and his posting to BSN Training Centre, as a dismissal in law"; and

The Claimant contends and will contend that his dismissal is perpetrated by the Chairman of the Company who had engineered Claimant's dismissal via his influence in corporate politics and/or meant to be politically motivated and/or with mala fide intent.

And according to the claimant, he believes that Dato' Kassa was not happy that he has queried certain irregularities in the approvals of bridging loans to two companies:

1. Unij