An employer must substantiate a dismissal with just cause; failure to do so results in a ruling of unfair dismissal.

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 specifications of which are evident in exhs. CL63 and CL64.

The position title of the claimant was changed from project manager to project director with effect from 1 September 1996, whilst other terms and conditions of employment remained unchanged (exh. CO5).

The acquisition of Thorn Securities Fire Services by the company's parent company, Tyco International Ltd. saw the consolidation of the operations of the Malaysian-based companies which moved to one office. As at 14 April 1997 the organisation chart for the new office had already been in place. There were minor changes in the organisation structure. Paul Gritton (general manager) and Andy Ozolins (operations manager) were to work together and report to the board of directors. The claimant on the other hand was to be based at the Chan Sow Lin head office overseeing all KLIA projects from the company's headquarters as from September 1997 (exh. CL54). As at this material time the claimant's position in the company remained that as project director.

In a complete change of circumstances for the claimant, one Alan Kingston who acted in his position while he was away on vacation in United Kingdom, took over the claimant's position and from thereon assumed his roles and responsibilities whereby the claimant was to then report to the said Alan Kingston instead. Indications of that happening could be seen in memos as in exh. CL26, exh. CL27, exh. CL31, exh. CL33, exh. CL38, exh. CL44 and exh. CL45. The organisation chart (exh. CL46) of the company bears evidence of the position of the claimant who then had to work under Alan Kingston.

The claimant was terminated by way of a letter of termination dated 18 March 1998 (exh. CL51). It is set out below as follows:

Tyco TYCO ENGINEERING & CONSTRUCTION International (MALAYSIA) SDN. BHD. (Company No:264356) 18 March 1998 134-C, Jalan Chan Sow Lin, Off Jalan Duta, 55200 Kuala Lumpur, Malaysia. Tel : 03-223 3760 Fax: 03-223 3761

Ref No : MNA/L0024/3/98

Mr. James Francis Trimble No. 118, Jalan Terasek Satu Bangsar Baru 59100 Kuala Lumpur

Private & Confidential

Dear Jim

Your letter 16 March 1998 refers.

We have spoken at length to Mr. Andy Ozolins and confirmed he is adamant that he informed you of your dismissal on the 4 March 1998. This is backed up via a Company employee in the office at that time.

The scenario painted in your 3rd paragraph is very interesting, but you have missed the point.

The Company has over the last 18 months gone through a major acquisition and restructure scheduled from our ultimate parent Company. One of the structural changes was for Field Operations Manager to be in charge of project groups. We can see no changes in your role in this case.

However, since the various correspondence cross each of our desks may we try to bring this situation to a conclusio

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