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2011 MarsdenLR 1141

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


Table of Content
1. court's assessment of duress claims and negotiation validity (Para 15)
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, i.e. 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

The plaintiffs 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 company known as AstraZeneca International. At the material time between July 2007 and July 2008, he "was subjected to harassment and discrimination" by senior executives of the defendant. He pleaded that on 31st day of July, 2008 he consented to mutual termination under duress. He also pleaded that by the terms of his employment, he was entitled to te

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