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1993 MarsdenLR 300

INDUSTRIAL COURT, JOHOR BAHRU
VIKAY TECHNOLOGY SDN. BHD. – Appellant
Versus
ANG ENG SEW – Respondent


The Case

The parties to the dispute arc Vikay Technology Sdn. Bhd. (hereinafter referred to as the Company) and Ang Eng Sew (hereinafter referred to as the Claimant).

There is no dispute as to the dismissal and therefore the only issue before this Court is whether the dismissal is with or without just cause or excuse.

It is an undisputed fact that the Claimant joined the Company as a Factory Manager at the Company's Bandar Tenggara Plant on 27 November 1989, with a remuneration of RM7,500 per month. AES5 which is a letter of offer and acceptance reads, inter alia:

Private & Confidential

14 September 1989

Mr. Ang Eng Sew

36, Jalan Delta SS2O/16

Damansara Utama

47400 Petaling Jaya

Selangor

Malaysia

Dear Mr. Ang

Re: Position of Factory Manager (Malaysia)

We are pleased to offer you the position of Factory Manager in Vikay Technology Sdn. Bhd. and Vikay Manufacturing Sdn. Bhd. The terms and conditions of service areas follows:

Position Reporting To: Factory Manager Remuneration : RM7,500
Probation:Your probationary period shall be six (6) months. Upon completion of your probationary period, your remuneration will be reviewed accordingly.
Annual Increment:January each year.
Termination of Service:On

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