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2010 MarsdenLR 701

INDUSTRIAL COURT KUALA LUMPUR
SUGANTHI THYAZARAJ – Appellant
Versus
TCI MARKETING SDN BHD – Respondent


This case was referred by the Honourable Minister of Human Resources vide his reference dated 26 December 2006 and received by the court on 5 March 2007.

Background

This case was heard before Chairman court 1 and it was completed on 16 October 2008. However, the said Chairman was elevated to the post of Judicial Commissioner of the High court of Malaya with effect from 5 January 2009. The parties completed filing their written submissions on 6 July 2009. It is to be noted that on 30 Mac 2010 both parties had given their consent and did not object for the this award to be handed down by another Chairman of the Industrial court. As such, this case was transferred to this court. It is pertinent to note that after perusing through the notes of evidence and the submissions by the parties, the court does not find any problem in handing down the award, as the issue is straightforward, plain and clear

Brief Facts

The claimant started working with company as a Junior Secretary on 5 August 2000 and was given a salary of RM1,300.00 per month. The claimant contended that on the last week of May 2006, without any advance notice she was summoned into the office of the Managing Director ("the MD") an

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