Mary Shakila Azariah:

[1] The facts relevant to this reference or dismissal are as follows:

[2] The company is a wholly owned subsidiary of Siebel Systems Inc. whose main business is developing and designing computer software products and marketing and distributing computer software products and related maintenances contracts worldwide. The company was set up in Malaysia to sell the software license and to procure maintenance and service contracts from customer in Malaysia.

[3] But now it is dormant.

[4] On 7 December 2000 the claimant commenced his employment with the company. He was employed as the District Manager vide the letter dated 21 November 2000.

[5] On 8 November 2001 vide the letter dated 8 November 2001 through Terence Chan (COW) informed the claimant that his services with company was terminated on grounds of retrenchment. He was paid the sum of RM30,326.66.

[6] The claimant made representations to the Director - General of Industrial Relations pursuant to the provisions of s. 20(1) of the Industrial Relations Act 1967 and the Director - General having failed to effect a conciliation reported the matter to the Minister who referred the claimant's representations to th