AWARD

The dispute emanates over the claimant's dismissal by the company on 30 August 2001.

The claimant started his employment with the company as a Services Manager on 27 January 1997 with a salary of RM8,800 per month.

Vide letter of 30 August 2001 the claimant was informed of his termination of service on the ground of redundancy from surplus of labour.

The claimant contends he was dismissed without just cause or excuse as he was not redundant as alleged.

The claimant's last drawn salary was RM11,450 per month.

The court began hearing this case on 12 February 2004 and on the morning of 24 November 2004 after calling its last witness, the company closed its case. However before the claimant's counsel proceeded with the claimant's case, both counsels informed the court that the parties had managed to amicably settle the matter. The document handed to the court reads:

"The Company and the Claimant are pleased to inform the court that they have amicably resolved the above matter on the following terms:

1. The Company will pay the claimant the sum of RM130,000.00 (One hundred and thirty thousand only) as gratuity/ex-gratia in recognition of the Claimant's past services with the Company.

2. To enable the aforesaid payment, the Company will furnish the claimant with the CP 22A Tax Clearance form dated 24 November 2004.

3. The Claimant shall undertake to obtain the necessary tax clearance.

4. Upon obtaining the clearance from the Inland Revenue Department the Claimant will furnish the Company with the document from the Inland Revenue to enable the Company to release the sum of RM130,000.00 less tax deductions, if any, on or before 7 January 2005.

5. The above settlement is agreed upon by both parties in the presence of their respective counsels and is made without any admission of liability whatsoever.

6. Both parties confirm that they have no further claims against each other arising out of the Claimant's employment.

Dated this 24 day of November 2004.

signed signed

Jasmine Len Kam Ho Haji Suriani bin Haji Jasman

(Company Representative) (Claimant)

signed signed

T. Thavalingam & M.S. Teofilus Kadariah bte Abdul Karim

Counsels for the Company Counsel for the Claimant"

In the circumstances the court orders accordingly and consent award be and is hereby entered.