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1987 MarsdenLR 356

INDUSTRIAL COURT, KUALA LUMPUR
EAST ASIATIC COMPANY (M) BHD AND VALEN NOEL YAP


A W A R D

The Claimant commenced employment with the Company in October 1979 He was promoted as a Product Support Manager on 17th October 1983. In February 1986, his services were terminated by company letter ( Court Exhibit CL-'G' ) dated 13th February 1986 the material part of which is reproduced here below:

"Mr Valen Noel Yap

Product Support Manager

Product Support Department

Petaling Jaya

13 February 1986

Dear Sir,

RETRENCHMENT

In view of the re-organization in the Graphics Division, we regret to inform you that the Company has to retrench you with effect from 15 February 1986.

Sgd: Nordin Mohd Hassan PJK

General Manager - Group Personnel "

It is the contention of the claiment that " the puported retrechmnet in the circumsances is a disguised dismissal". In support of this contention, he pointed to the following sequence of eventts in his Statement of Case:

a). He stayed as Product Support Manager Until, early October 1985 when the position was given by the company to one Billy Tan who joined the company after that.

b). When Billy Tan was made the Product Support Manager, he (the Claimant ) was designed the Warehouse Manager.

c). On 20th december 1985 a stock-taking of the warehouse was c

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