COURT OF APPEAL PUTRAJAYA
THANGASAMY BROWN DN GNANAYUTHAM – Appellant
Versus
PELABUHAN TANJUNG PELEPAS SDN BHD & ANOR – Respondent
[1] The appellant is a Malaysian citizen, 54 years of age, possessing academic qualifications in engineering and law. He was employed by the 1st respondent company as an IT Advisor on a six months fixed term contract with effect from 1 July 2000. The terms and conditions of employment are found in the appellant's letter of offer of employment dated 10 May 2000. The appellant accepted the offer of employment on the said terms and conditions and duly signed the acceptance on 1 June 2000. Barely three months into the contract, by letter dated 25 September 2000, the appellant tendered to the 1st respondent company his resignation, claiming that he had been constructively dismissed.
[2] The relevant terms of the fixed term employment relating to the period of the contract, salary and termination of employment appear in the letter of offer at cls. 1, 2 and 9 which reads:
1. Period Of Contract
This contract of employment shall be for a period of six (6) months commencing from 1 July 2000 and will expire on 31 December 2000, unless terminated earlier by either party by giving notice in accordance with the provision of art. 9 of this agreement.
2. SALARY
Your basic salary w
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