AWARD

Amelia Tee Hong Geok Abdullah:

[1] The parties to the dispute are DTS Trading Sdn. Bhd. ("the claimant") and Wong Weng Kit ("the claimant"). The dispute between the parties arose out of the dismissal of the claimant by the company on 23 October 2003.

[2] It is the claimant's contention that he was dismissed by the company on 23 October 2003. Vide para. 4 of the Statement of Case (SOC), the claimant alleges that the company had, vide its letter dated 23 October 2003, terminated his appointment with the company with effect from that same date. Vide para. 6, he pleads that his dismissal was without just cause or excuse and/or in breach of the principles of natural justice and/or an unfair labour practice and/or unlawful and/or a colorable exercise of the company and/or an act of mala fide of the company's management.

[3] It is the company's contention that the claimant was not employed by the company but by DTS Marketing (Malaysia) Sdn. Bhd. (para. 3 of the Statement in Reply). In para. 4, it avers that the company, out of a good intention to help the claimant, gave him temporary employment but had warned him to find another more suitable job. It further avers that after 2 years of