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2000 MarsdenLR 557

INDUSTRIAL COURT, KUALA LUMPUR
TYCO ENGINEERING AND CONSTRUCTION (M) SDN BHD – Appellant
Versus
JAMES FRANCIS TRIMBLE – Respondent


The dispute in this case is over the alleged dismissal of the claimant by the company effective 23 March 1998 vide a letter dated 18 March 1998 (exh. CL51).

The claimant alleges that he was dismissed by the company on the following grounds that:

(a) the dismissal was without any just cause or excuse;

(b) the dismissal was tainted with mala fide;

(c) the dismissal was an act of unfair labour practice; and

(d) the said dismissal was against the principles of natural justice.

The claimant seeks reinstatement to his former position in the company without loss of any benefits monetary or otherwise whatsoever.

The Facts

The claimant was employed vide a contract of employment dated 8 December 1995 (exh. CL1) effective from 25 January 1996. The designation of the claimant was project manager for the fire protection services, namely, KL 021 and KL 026, the fire protection packages connected with the Kuala Lumpur International Airport which included the design, fabrication, installation, testing and commissioning, defect and liability period, and operation and maintenance period. This was adduced in evidence. The scope of the fire protection packages is seen to a large extent in exh. CL62, the speci

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