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 had discussed the possibility of him joining COW1. COW1 told the claimant that he would give partnership to the claimant after three months of joining the company. COW1 intended to leave the practice and would hand over the practice to the claimant later. The claimant joined the company in August 1997 on a part time basis, as he had no practicing certificate at that time. From January 1998 the claimant became a permanent employee of the company. The claimant claimed that he was paid a basic salary of RM4,000 plus overtime whenever available.

On 6 June 1998 whilst the claimant was on the way out of his room he saw a Philippine lady by the name of Jasmin dispensing medicines to his patient. The said lady was working as a cleaner at the company. The claimant then told Jasmin not to dispense medicines during his time of working. He said Jasmin became agitated and shouted vulgar words at the claimant. The claimant then lodged a police report on the incident. The claimant through his solicitors issued a notice of demand to Jasmin for her to apologise to the claimant for her misbehaviour.

The claimant further stated that COW1 had told him to withdraw his lawyer's letter or claimant need not work in his clinic. The claimant however refused to withdraw his lawyer's letter to Jasmin. The claimant was also threatened by Jasmin's husband when he was at friend's restaurant. COW1 had told the claimant a few times to withdraw his lawyer's letter to Jasmin however the claimant had refused to accede to COW1's demand. Claimant further alleged that COW1 had even called some outsiders to manhandle the claimant when he refused to withdraw his lawyer's letter. The last issue was a letter from the Jabatan Hal Ehwal Agama Pulau Pinang which stated that the claimant had disturbed Jasmin who was a converted muslim, which claimant denied. From the series of events the claimant had lodged four police reports to cover himself.

COW1's evidence is that the claimant was never employed as a permanent staff of the company. The claimant was only employed as a locum ie, on a part-time basis. The claimant was paid RM25 per hour. The claimant was not given any appointment letter as it was only a part-time job. There was also no agreement between them that COW1 would make the claimant his partner. COW1 further denied he would hand over his practice to the claimant and leave the country. The claimant's contention that COW1 had wanted to change his accountant, was denied by COW1 and the accountant himself had testified that he is still working with the company since 1993. Both COW1 and the accountant, COW3, had denied receiving any documents, especially the claimant's appointment letter, from the claimant.

COW1 had denied threatening the claimant to withdraw his lawyer's letter but advised him to