AWARD

BACKGROUND

1. This is a ministerial reference to the Industrial Court under section 20(3) of the Industrial Relations Act 1967 (Act 177) made on 31 May 2006 for an award in respect of the dismissal of Liew Wei Ling ("the Claimant") by Gladron Chemicals Sdn. Bhd. ("the Respondent") on 18 December 2005.

2. This case was heard by the Chairman of Industrial Court (No. 1), and hearing was completed on 7 May 2008. Claimant's counsel, Puan Nageswary a/p Palanisamy (Messrs Nages & Associates) filed the Claimant's Written Submission on 9 June 2008. The Respondent's Written Submission were filed by the Respondent's counsel, Dr. S. Balasekaran (Messrs Bala & Co.) on 9 July 2008.

3. The previous Chairman has been appointed as a Judicial Commissioner of the High Court of Malaya on 14 August 2009. As the status of the award of this case was pending, this matter was thereafter transferred to this division (Court 13). Both counsel for the Claimant and Respondent consented to the award of this case to be handed down by another Chairman when this case was called for mention on 7 September 2009. Accordingly, I shall now hand down the award for this case. This Award is written based on the documents filed and Notes of Evidence taken verbatim pertaining to this case by the previous Chairman.

BRIEF FACTS

4. The Claimant commenced employment with the Respondent Company as a Sales Executive on 19 September 2005 with a monthly salary of RM3,000.00. The Claimant was also entitled to sales commission on sales collection of animal health products, feed additives and supplement products.

5. Clause 2 of the Letter of Employment dated 7 September 2005 state as follows:

"You are required to serve a period of three (3) months as a probationer and this may be extended for a further period of three (3) months at the sole discretion of the management. During the probationary period and its extension period, the period of notice of termination of employment is one week."

6. In Clause 8 of the said Letter of Employment, the Claimant's duties are clearly spelt out as below:

"As past of our sales team, you will be responsible for maintaining sales relations with existing customers and generating sales in your designated region with new potential customers. You shall focus your efforts in introducing newly developed products to various customers. Other duties shall be designated from time to time by the Management."

7. Clause 13 of the Letter of Employment refers to the Itinerary and Weekly Report:

"LWL needs to give itinerary and details visiting report upon every visit to customer or any special report upon request to Howard Lee. Itinerary and report should be submitted weekly before customer visits and weekly detail customer visit report also need to be submitted on the following week after customer visits."

8.Vide Notice of Termination dated 7 December 2005, the Respondent gave the Claimant one (1) week notice for termination of employment (effective 8 December 2005 till 18 December 2005). The Notice of Termination (Exhibit C-2, Statement of Case) is reproduced as follows:-

"7^th December 2005

MS JENNIFER LIEW WEI LING

D-3A-4 WESTMINSTER PARK

1 JALAN PUTRAMAS 1

SRI PUTRAMAS

51200 KUALA LUMPUR

SELANGOR

Dear Ms Jennifer Liew,

NOTICE OF TERMINATION

Please be informed that our company would like to terminate your employment during this probation and wish you the best endeavour in the future position. As per stated in the employment letter dated 7^th September 2005, we would like to give you one (1) week notice for termination of employment, this will be effective from 8^th December 2005 and your last day will be on 18^th December 2005.

Please hand over all accounts to Dr. David Isaac temporary.

Kindly return all company's handphone, SIM card, Lap Top computer and all documents which belong to the company immediately.

Yours faithfully

Gladron Chemicals Sdn. Bhd.

Sgd.

HOWARD LEE HAW YIH

Executive Director"

9. The Claimant in the Statement of Case prays for the following orders:

(i) Claimant's dism