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2011 MarsdenLR 2138

HIGH COURT SABAH & SARAWAK, KUCHING
NG SUAN CHIEK – Appellant
Versus
ASTRAZENECA SDN BHD – Respondent


Table of Content
1. plaintiff's termination and duress claims (Para 1 , 2)
2. testimonies of plaintiff's witnesses regarding workplace harassment (Para 3 , 4 , 5)
3. defendant’s witnesses refuting plaintiff’s allegations (Para 6 , 7 , 8)
4. allegations against defendant as serious claims needing evidence (Para 9)
5. legal standards for duress and coercion application (Para 10 , 11 , 12 , 13 , 14 , 15)
Ravinthran Paramaguru JC:

Introduction

[1] The plaintiff is a former senior employee of the defendant. He left the company after signing a separation agreement. He was paid termination benefits amounting to RM904,592. In this suit he is claiming that he signed the separation agreement under duress or coercion. His claim in this suit is that he was entitled to a much higher compensation, ie RM2,008,683. The defendant has denied subjecting the plaintiff to duress or coercion. In their counterclaim, they are counterclaiming legal costs of RM300,000.

Case For The Plaintiff

[2] The plaintiff's pleaded case can be briefly stated as follows. He worked with the defendant who is a pharmaceutical company operating in Malaysia, Singapore and Brunei in 1980. The defendant is also part of the multinational

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