The reference of The Honourable Minister of Human Resources, Malaysia dated 26 July 2003 is regarding the dismissal of Choo Chee Siam ("the claimant") by Wong Brothers' Building Construction ("the company") on 23 November 2002.

Background Facts (In Brief)

The claimant commenced employment with the company as a lorry driver in October 2002. He was paid RM1,650 a month. According to the company, during his short stint with it, he was given a number of warnings in regard to his performance. While driving the company's lorry, he did not wear a shirt and only wore slippers. He also drove the lorry in such a manner as to cause frequent punctures to its tyres.

On two occasions, the claimant did not return the lorry to the store after working hours. In addition, he often quarrelled with his fellow workers at the project site and slept on the job. He was also alleged to have cheated the company in relation to his contribution to the Employees' Provident Fund.

The claimant was paid his last salary on 23 November 2002. The company claimed that, since the claimant did not heed its warnings regarding his misconduct, his employment was terminated.

Before the claimant testified, he was guided by