[1] This is a reference by the Honourable Minister of Human Resources made under s 20(3) of the Industrial Relations Act 1967 regarding the dismissal of Arun Kumar Bag ("the claimant") by Hospital Pantai Indah Sdn Bhd ("the company") on 28 February 2006.

Background Facts

[2] The company operates a private hospital known as Hospital Pantai Indah ("the hospital"). The claimant in response to the advertisement of the company for, inter alia, full time Resident Consultant Obstetrician and Gynaecologist applied for a job with the company which was then about to set up the hospital. At the interviews, the claimant was told that he had to cease his private practice in his private clinic and be a full time Resident Consultant Obstetrician and Gynaecologist in the hospital. After the interviews, the claimant was given two