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 Probation - I month's notice in writing. Upon Confirmation - Two (2) month's notice in Writing, Or by paying a sum equivalent to the amount of salary in lieu of notice by either party.
Hours of Work	: Will be laid down by the Company from time to time. In any case, it will be within the terms of the Employment Act and will normally be 48 hours per week.
Annual Leave	: 14 working days annual leave upon confirmation,
Insurance Coverage	: Upon completion, you and your family will be eligible for Group Hospital & Surgical Insurance Scheme under plan A.
Medical	: Free medical consultation/treatment and medicines as prescribed by the Company's doctor or Government clinics.
Rules & Regulations	: To comply with regulations as laid down by time Company from time to time for the purpose of maintaining discipline and shall devote his time and effort wholly in the interest of the Company.
Non-Disclosure Obligation	: Will be required to sign a letter of Undertaking on Non-Disclosure of confidential information.
Others	: The above mentioned terms and conditions of service are subjected to changes by the Company in accordance with the Standing Instructions from time to time. This offer is subject to your Pass in Medical Check-up.

If you accept this offer, kindly sign and return the duplicate of this letter to us accordingly.

Yours sincerely

Vikay Technology Sdn. Bhd.

Sd.

John Tan Khiok Kin

Director

Acceptance of Offer

I agree to the above conditions and accept your offer of employment. I will report for duty on 27 November 1989.

Sd,

Signature

Date

Other than AES5 there were also produced 2 other letters of offer VK2 and VK3. VK2 is identical with AES5 except for the remuneration which is RM4,000. VK3 is an offer for Material and Production Control Manager in Vikay Industries Pte. Ltd. in Singapore with a salary of S$2,600.

It has been submitted that VK2 and VK3 replaced AES5. From the pleadings and evidence given in Court by both COW 1 and CLW1 it is clear that AES5 is the letter of offer and acceptance. VK2 and VK3 were not intended to replace AESS but as a device, though not an honest one, to facilitate the Claimant's later application for permanent residency in Singapore to enable him to get all the attendant advantages as regards his children's education there. The evidence shows that Claimant has never worked as Material and Production Control Manager in Vikay industries Pte. Ltd. in Singapore. This is borne out by the evidence of COW I when he answered questions by the Court.

When Claimant reported for duty on 27 November 1981, he was posted at I3andar Tenggara Factory. For the whole period until his dismissal he was working at Bandar Tenggara. He Was paid by the Company ...Claimant never worked for the Singapore Company.

AES5 clearly and definitely imposed terms as regards probat