The dispute between the claimant and the company arose out of the dismissal of the claimant by the company on 25 January 1995.

The case for the company is that COW1 Rolf Bucher was the general manager operations for Berjaya Hotels and Resorts (BHR) at the material time and the company was managed by BHR. The claimant's direct superior was at the material time Peter Cheng (COW2) who was then the general manager of Kelab Darul Ehsan ('the club'). The club was owned by the company. The claimant was employed as food and beverage manager of the club. As general manager of operations he had been kept informed of the performance of the claimant. In December 1994, an appraisal was done as in respect of the claimant. In respect of the continued employment of the claimant with the company it was concluded that it was in jeopardy for two reasons, firstly his continued poor performance in the company and secondly his continued problem with his superior, his peers and his subordinates. At that point of time meetings were held with the claimant. After December 1994, with the agreement of COW2, he decided to hold one further meeting with the claimant. The meeting was held on 24 July 1995 at The Jewel In The Crown Restaurant Bangsar. Only COW1 and the client were at the meeting. At the meeting COW1 explained to the claimant that after their previous two meetings where he evaluated the claimant's situation in the company as non-conducive and unsatisfactory for the three parties namely the claimant himself and the company as well as the patrons of the company. COW1 proposed to the claimant three solutions with one goal that the claimant leave the company, one was to transfer the claimant within BHR, two that COW1 would personally find the claimant an alternative and equivalent position outside the company and three that the claimant find himself the alternative position. The claimant was suspicious of this suggestion and said he thought COW1 just wanted to get rid of him. The claimant became angry raised his voice started shouting and left the restaurant. After 24 January 1995 meeting the company issued the termination letter (Exh. CO1). After the meeting and before exh. CO1 was issued he had three telephone discussions with the executive director of BHR Mr. Ricky Goh and with the vice-president of operations BHR Mr. Franz Swoboda and COW2 Peter Cheng. It was decided that there was no option left but to dismiss the claimant.

COW2 Cheng Huai Kang @ Chang Huat Kang was the general manager of the club. Exhibit CO2 was the claimant's appointment letter. The claimant commenced employment on 10 November 1992. He was confirmed in his positions as restaurant & bar manager on 10 May 1993 and was redesignated as food & beverage manager with no change in his duties and responsibilities (Exh. CO3). As food & beverage manager he reported to COW2. His performance started to deteriorate. He tended to deviate from his job responsibilities, refused to work longer hours as expected of him, very difficult to co-operate with other managers and did not listen to COW2's ideas and instructions. He was a very difficult person to work with. Exhibit COB2 was the claimant's appraisal for the year 1993 and was rated as average. His performance for the year 1994 had deteriorated further and was totally unsatisfactory. He was recommended a transfer or termination. He was counselled on his performance and had not improved after the counselling. This was done verbally. When this was not effective COW2 started to issue memos. In COB4 which was issued to the claimant a shortage of beer was brought to his attention. The claimant did not attempt to make any investigation to recover the shortage amounting to RM1,683.70. A reminder was sent to the claimant (Exh. COB5) and the claimant replied (Exh. COB6). He did not give any report as to the cause of shortage. Another memo was sent to the claimant on 6 September 1994 on the beer shortage (Exh. COB7). The company sent the claimant exh

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