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2003 MarsdenLR 130

INDUSTRIAL COURT, KUALA LUMPUR
TYCO ENGINEERING & CONSTRUCTION (MALAYSIA) SDN BHD – Appellant
Versus
GUNASILAN RENGASAMY – Respondent


AWARD

The dispute emanates over the dismissal of the claimant from the services of the company vide a letter dated 6 September 1998 (exh. CL13).

The Facts

The claimant was employed by the company as a human resource executive on 3 March 1997 vide a letter dated 3 February 1997 (exh. CL1) and he reported to the human resource manager, Mohd Najib Mohd Ali (COW6). Subsequently he was confirmed in his position and his salary revised to RM3,200 per month from a monthly of RM3,100 with effect from 3 June 1997 vide letter of 12 June 1997 (exh. CL2). Vide a letter of 19 July 1997 his salary was again revised to a monthly RM3,250 (exh. CL3).

The claimant was issued a show cause letter dated 22 September 1997 (exh. CL4) wherein the company levelled five allegations against him. The claimant was put on suspension with full pay with effect from 23 September 1997 until 7 October 1997. The claimant gave his reply to these allegations denying any wrongdoings by a letter of 26 September 1997 (exh. CL5). The company again vide a letter of 23 September 1997 (exh. CL6) levelled a further two allegations against the claimant to which the latter gave his reply (exh. CL7).

Subsequently by a letter of 29 Sept

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