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2003 MarsdenLR 1124

INDUSTRIAL COURT KUALA LUMPUR
SITT TATT INDUSTRIAL GASES SDN BHD – Appellant
Versus
PUVANANDERAN GANASAMOORTHY – Respondent


AWARD

This dispute emanates over the claimant' dismissal by the company on 26 November 1997.

The claimant commenced employment with the company on 7 July 1997 as head of quality management. Before the claimant was taken in by the company he attended an interview conducted by the company' officers on 21 June 1997. For this interview the claimant had filled up an application form which had been marked as exh. CO1 and this exhibit was annexed to the company' statement in reply.

In the course of his work with the company the claimant had to report to the deputy general manager (ie, COW3) who was his immediate superior. However since COW3' work involved a lot of outstation travellings, in his absence the claimant had to report to the senior general manager, one Desmond Yip. According to COW3, some time in October 1997 he had a discussion with the senior general manager about the claimant' performance since as time went by it was noticed that the claimant' work was not satisfactory. After this discussion, COW3 then spoke to the claimant about the ISO 9002 progress which the claimant was supposed to handle so as to enable the company to get ISO 9002 certification. COW3 went on to state that

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