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FEDERAL COURT PUTRAJAYA
SAIMAN UMAR – Appellant
Versus
LEMBAGA PERTUBUHAN PELADANG – Respondent
| Table of Content |
|---|
| 1. introduction of appeal against dismissal. (Para 1 , 2) |
| 2. background facts of disciplinary actions. (Para 3 , 4 , 5 , 6 , 11 , 15) |
| 3. high court's decision on natural justice breach. (Para 16 , 17 , 19) |
| 4. court of appeal's reasoning on compliance. (Para 20 , 22 , 24) |
| 5. conclusion and dismissal of appeal. (Para 51) |
Introduction
[1] This is an appeal from the judgment of the Court of Appeal that reversed the judgment of the High Court. The appeal arises from an action brought by the appellant, Saiman Umar in the High Court against the respondent, Lembaga Pertubuhan Peladang based on the cause of action of unlawful dismissal.
[2] We shall be referring to parties in this judgment as they were in the High Court, namely the appellant as the plaintiff and the respondent as the defendant.
Background Facts
[3] The defendant is a body corporate established under the provisions of the Farmers' Organization Authority Act 1973 (the Act).
[4] The defendant from 28 December 1973 until 1 March 2002 employed the plaintiff. The plaintiff started his employment with the defendant as a clerk. At the time of his dismissal, that is to say on 1 March 2002, the plaintiff he
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