This reference concerns a claim by Oh Swee Choo ('the claimant') wherein she by letter dated 8 November 1996 considered herself as being dismissed by Pelangi Enterprises Sdn. Bhd. ('the company').

Background Facts

The company is Dr. Ismail Abdul Rashid's (COW1) personal company, which he founded sometime in the late 1970s. In early 1992 COW1 was asked by Halim Saad if he was interested to establish a hospital. As COW1 was leaving from Vancouver during that time he asked a friend Dr. Wong Wai Peng, to help in recruiting staff and also to work on the layout plan for the hospital which was to be called Taman Desa Medical Centre (TDMC).

Dr. Wong Wai Peng knew the claimant, a state registered nurse, who retired from the government service at the age of 50. Sometime in January 1995, Dr. Wong offered the claimant the post of general manager at TDMC. The claimant accepted the offer of employment dated 1 February 1995 (CLE1). The claimant was placed on probation for three months and was confirmed in her employment with effect from 1 May 1995 (CLE2).

While in the employ of TDMC, the claimant had commenced on 28 April 1995 a two year part time M.Sc Course in Healthcare Management conducted l