AWARD

The dispute between the claimant and the company arose out of the dismissal of the claimant by the company on 1 February 1998.

Background Facts

Sometime in August 1993, the claimant and his wife, one Siti Aminah Kasuwi, were appointed together with effect from 10 August 1993 as a hostel warden by the company through its then personnel manager, Jamaludin Rahmat (CLW1). The undated letter of appointment (exh. CO1) reads verbatim as follows:

Ref. No: PER/GEN/1st 93/010

EN. WAHAB BIN TUAN IDRIS

E-378 KAMPONG JAWA

KUANTAN, PAHANG DARUL MAKMUR.

Dear En. Wahab,

APPOINTMENT AS HOSTEL WARDEN ON CONTRACT BASIS

We are pleased to appoint you together with your wife as a Hostel Warden on Contract basis effective from 10th August 1993 under the following terms and conditions:

1. MONTHLY PAYMENTS

Payment for services will be a lump sum of RM1,000.00 (Ringgit Malaysia One Thousand only) per month. Payment will be made on the same day as CMSB pay day on 27th of each month.

2. SCOPE OF WORK

i) You and your wife (Puan Siti Aminah Bt Kasuwi), will provide hostel warden services either individually, together or alternately on a Twenty-Four (24) hours basis for Seven (7) days a week and continuously.

ii) Job Assignments are:

- Maintain inventory record of CMSB property in the hostel.

- Maintain list of occupants in the hostel and update new arrivals or leavers.

- Check condition of equipment/houses and carry out minor repairs when necessary.

- Report damage/problems to relevant authorities and to the Admin. Dept.

- Monitor movement of occupants in and out of the hostel area.

- provide counselling to the occupants.

- Look after the welfare, safety and security of the occupants.

- Send sick occupant to clinic/hospital.

- Forward weekly report every Monday morning to the Admin. Dept.

- Assist the occupants to look after their valuables (money/gold/ATM Card).

- Arrange activities for the occupants.

- Maintain housekeeping of the area.

3. PLACE OF RESIDENCE

You are required to stay and occupy one of the units in the hostel block:

- Rental for the unit you occupy will be free.

- You will pay the electricity and water charges for the unit you occupy.

4. TRANSPORT

If you use your own transport for CMSB purpose, you may claim for transport cost at the CMSB rates, such as sending the occupant to clinic/hospital, etc.

5. TELEPHONE

CMSB will install a telephone in your residence. CMSB will pay the installation and monthly rental charges only. Other telephone call charges will be paid by you.

6. GENERAL

Any other job assignments outside the scope of duties of a hostel warden will be paid on a mutual agreement basis.

7. TERMINATION OF CONTRACT

Either party can terminate this contract by giving one (1) month written notice.

We look forward to you providing the services to our expectations and to a long term relationship.

Yours sincerely,

CASIO (MALAYSIA) SDN BHD

Signed (added)

JAMALUDIN BIN RAHMAT

Personnel Manager.

The company's hostel was located outside the parameters of the company's premises about 15km away in Bukit Raja, Klang, Selangor. The claimant and his wife were provided with a unit within the hostel block. They were paid lump sum payments through the company's central payroll system. In addition to the monthly lump sum payment, they were given a fixed allowance and an annual bonus.

The contract provided for a mutual termination clause. Either party could terminate the contract by providing the other party one month's written notice.

By a letter dated 2 January 1998 (exh. CL12), the company terminated the services of the claimant as they were no longer necessary. The claimant was given one month's notice to leave his place of work on 1 February 1998.

Issues

The claimant contends that the termination of his services under his contract of service is a dismissal without just cause or excuse and seeks reinstatement.

The company contends that the letter of appointment (exh. CO1) is merely a contract for services and not a contract of service.

The court has to deliberate on the fo