The dispute is as a result of the dismissal of Balavendrian Anthony (the claimant) by Klinik Bukit Jambul (the company).

Introduction

The claimant contended that he was a permanent staff of the company since January 1998 to June 1998 when he was constructively dismissed by the company. Prior to that he was working on a part-time basis from August 1997 to December 1997. The claimant further alleged that the owner of the company had threatened him with bodily injury and as such he felt threatened and dared not go to his office. Under the circumstances the claimant considered himself as constructively dismissed by the company.

The company however contended that the claimant was never employed as a permanent employee of the company. The claimant was only employed as a part-time worker and was paid on an hourly basis of RM25 per hour. If at all the claimant was a permanent employee, which is denied, the company averred that the company had never terminated the services of the claimant. The claimant was told to take a few days off but the claimant left and never returned to the company.

Facts Of The Case/Evidence

The claimant had testified that he met COW1 sometime in August 1997 and ha