2004 MarsdenLR 2273
INDUSTRIAL COURT, SABAH
SYARIKAT RE MORRIS (S) SDN BHD – Appellant
Versus
SUSITHEREN MANIKAM – Respondent
Award No. 1787 Of 2004 [Case No: 8/4-840/99]
AWARD
The reference in this case involves the dismissal of Susitheren a/l Manikam ("the claimant") by Syarikat R.e. Morris (S) Sdn. Bhd. ("the company").
On 13 December 2004 with the agreement of the respective parties an evaluative mediation was carried out.
Through this process of mediation, the parties had amicably resolved the matter. The company has agreed to pay the claimant a sum of RM50,000 (Ringgit Malaysia Fifty Thousand) as full and final settlement of the claim. It was also agreed between the parties that the said full and final settlement of RM50,000 shall be paid by way of 4 installments in the following manner:
(1) in respect of the 1st installment payment .by cheque dated 2 January 2005 for the sum of RM12,500 be made payable to Messrs Raj & Co.;
(2) in respect of the 2nd, 3rd and 4th the installment payments by individual cheques dated 2 February 2005; 2 Mac 2005 and 2 April 2005 for the sum of RM12,500 for each of these individual cheques made payable to Messrs Raj & Co.
It was also agreed that the above-mentioned cheques in items (1) and (2) above together should be hand delivered to Messrs Raj & Co. by Messrs P.K. Lim & Co. not later than 2 January 2005.
The claimant has also agreed that upon the receipt of the said full and final settlement sum of RM50,000, he shall withdraw this suit against the company. Accordingly, the claimant's solicitor Messrs Raj & Co. shall issue a letter to the company's solicitors Messrs P.K. Lim & Co. in respect of the said withdrawal of the suit.