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2006 MarsdenLR 1783

INDUSTRIAL COURT, KUALA LUMPUR
TNB DISTRIBUTION SDN BHD – Appellant
Versus
YAHAYA JUSOH – Respondent


AWARD

(1) The Facts

The Claimant commenced employment with the Company (formerly known as Lembaga Letrik Negara) as "Kerani Tingkatan Biasa" on 8th January 1990. The Claimant was an ambitious man, who though had started as a clerk, wanted to pursue higher education. He studied privately and obtained a diploma and subsequently applied to University Putra Malaysia to do a degree in Human Resource Development in 1997. On 25th May 1997, the Claimant was given unpaid study leave to pursue his degree and in May 1998 the Company offered the Claimant a full sponsorship for a period of 2 years and 11 months to complete the first degree. In consideration of this sponsorship, the Claimant was to serve the Company for 2 times the total number of years of his approved study leave.

Upon his successful completion of the degree, the Claimant reported for work on 27th April 2001 at the Pejabat Bisnes Daerah, Jalan Klang Lama, Kuala Lumpur and assumed his old post.

After reporting for work, the Claimant now desired to pursue a master's degree, which was to commence in May 2001. The Claimant's ambition now clashed with his obligations to the Company. By virtue of his earlier sponsorship agreement, the Cl

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