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1994 MarsdenLR 95

INDUSTRIAL COURT, KUALA LUMPUR
EDARAN OTOMOBIL NASIONAL BHD. – Appellant
Versus
SAFRI JAUKARANI TIGUAT – Respondent


AWARD

The parties to the matter before this Court are, Edaran Otomobil Nasional Berhad ("the Company") and Safri Jaukarani Tiguat ("the Claimant").

The issue before this Court is the dismissal of the Claimant on 1 May 1992.

The Claimant was employed by the Company as a sales manager on 16 January 1992.

The Claimant was dismissed by a letter dated 29 April 1992 effective 1 May 1992.

The Claimant's last drawn basic salary at the material time was RM2,200.00 per month.

The Claimant denies that he is guilty of any misconduct.

The Claimant contends that his dismissal is without any just cause or excuse and/or in breach of the principles of natural justice and/or an unfair labour practice and/or unlawful.

The Claimant prays that he be reinstated in his former job as a sales manager without any loss of wages, allowance, services, seniority, privileges or benefits of any kind and or any other or alternate relief as this Court deems fit and proper.

At the commencement of hearing of the case on 18 May 1994 the Company has admitted liability in that the dismissal of the Claimant by the Company was wrongful.

Hence, the only issue that remains to be determined is the question of remedy claimed by the Cla

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