This reference concerned the dismissal of the nine claimants by the company on 22 March 1999.

On 18 January 2002 the company was wound up by order of the Penang High Court and on 16 September 2003 an order by consent was made herein, vide Adorna-Rmt Sdn Bhd & Anor lwn. Catherine Pau Kwei Fang & Yang Lain; [2003] 3 ILR 988 , joining the official receiver, Malaysia, as a party to these proceedings.

The company headed a group of companies called the Adorna Group. One of its business undertakings was an educational institute. The claimants had been variously employed by the company to serve the institute as lecturers, assistant lecturers, assistant registrar and laboratory technician. Since constructive dismissal was alleged the Court directed that they begin the case.

The Claimant's Evidence

The evidence on the substantive issue of dismissal was given
through the first claimant Catherine Pau Kwei Fang, with the others
adopting her testimony.

In summary the first claimant's testimony was that some time in late 1998 the company started to default in paying their salaries. For example, for November they received only half their salary, the other half remaining unpaid until March 1999. In