This reference concerned the dismissal of the claimant by the company on 28th February 2001.

The company cited redundancy as the ground for the termination of the claimant's employment. Its letter dated 27th February 2001 stipulated, among others, the payment of termination benefits and other dues totalling RM37,174.05 to the claimant who signified acceptance of these stipulations by counter-signing it. The claimant pleads that he had been misled into believing that the company would be reorganising and that this would result in his position becoming redundant. He was shocked when he discovered that he was the only person being retrenched out of a total work force of around 4000 employees.

The Company's Evidence

Zulkarnain Abdul Wahab (COW-1), the company's Human Resource Manager, Compensation and Benefits and Administration, testified that the claimant first joined Aesculap Surgical Industries Sdn. Bhd. on 2nd June 1993 as a Training Officer. Aesculap subsequently merged with the company whereupon the claimant was offered continued employment with the company which he accepted. He joined COW-l's department and was given the responsibility for recruitment. He held the positio