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2015 MarsdenLR 147

INDUSTRIAL COURT JOHORE
WAH KENG SEN – Appellant
Versus
LONDON BISCUITS BERHAD – Respondent


Table of Content
1. conflicts of interest must demonstrate actual harm or financial gain. (Para 17)
2. importance of adhering to company policies on conflicts of interest. (Para 26 , 35 , 56)
3. lack of evidence results in ruling dismissal as unjustified. (Para 57 , 58)
4. determination of financial compensation following unlawful dismissal. (Para 60 , 61)

[7] COW1 is the company's Group Managing Director and Chief Executive Officer. In his witness statement (COWS1), he stated that the company is a public listed company on the Main Board of Bursa Malaysia. It was incorporated in 1981 as a confectionary manufacturer. COW1 further affirmed that in order to ensure the company is properly manage, the company operated on a strict Code of Conduct. Every employee of the company are bound by this code to ensure that the company is managed professionally and efficiently in the interest of its shareholders.

[8] As a Chief Operation Officer, the claimant is fully in charge of the operation of the company including the Human Resources Department, the claims verification, approval of payments and answerable to the Chief Executive Officer. COW1 did explain the company position on reasons for dismissin

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