S Nantha Balan JCA:

Introduction

[1] The background facts and events which precipitated the litigation between the parties to this appeal are such that it is appropriate to preface this judgment by quoting an African (Swahili) proverb which reads: "when elephants fight, it is the grass that suffers". The Malay equivalent is, "gajah sama gajah berjuang, pelanduk mati di tengah-tengah". Both of these proverbs mean that when giants engage in battle, it is the small person in between who gets crushed. These proverbs quite aptly describe the situation in which Ms Ng Kim Fong ("the appellant") found herself during the brief period from 9 May 2016 up to 19 July 2016. The latter date being the appellant's "career ending" date.

[2] To put it in context, the appellant contended that her career got crushed as she was caught in the whirlpool of an interpersonal dispute between the Deputy Managing Director ("Dy MD")/Deputy Chief Executive Officer ("Dy CEO") of the respondent, Mr Toh May Fook ("Toh") and the Managing Director ("MD"/Chief Executive Officer ("CEO") of the respondent, Dato' Shun Leong Kwong ("Dato' Shun").

[3] The appellant commenced employment with the respondent as financial