[1] This is a reference made under Section 20 (3) of the Industrial Relations Act 1967 arising out of the dismissal of Yong Wee Teck ("the Claimant") by Silverwell Management Sdn Bhd ("the Company") on 11 March 2008. The reference was dated 27 October 2009 and was received by the Court on 3 December 2009.

[2] The Claimant commenced employment with effect from 20 November 2006 as Restaurant Manager to be based at "Just Thai" at 1-Utama Shopping Centre which is one of the restaurants managed by the Company.

[3] Vide a letter 20 March 2007 the Company informed the Claimant that he would be transferred to Head Office as Personal Assistant - Restaurant Operations with effect from 1 April 2007 and he would be reporting to the Executive Director. His basic salary will be increased to RM4,000.00 and entitled to transport allowance of RM500.00

[4] Vide a letter of confi