The parties to this dispute are Persatuan Untuk Orang-orang Pekak Selangor dan Wilayah Persekutuan (hereinafter referred to as 'the society') and Madam Tung Sau Ping @ Cindy Leong (hereinafter referred to as 'the claimant'). The claimant alleges that she joined the service of the society on 1 February 1977. She served as a teacher in the society's School for the Deaf of Selangor and the Federal Territory, a private educational institution (hereinafter referred to as 'the school') and was promoted to the position of principal in 1987. In August 1995 she was initially demoted to the position of teacher and then in September 1995 she was summarily dismissed.

The society alleged that the claimant was not the society's employee; instead she was the employee of the National Union of Plantation Workers (NUPW) who had seconded her to the society. She had not been demoted as she had always been appointed as acting headmistress. She had not been dismissed; instead she was reverted to her position of teacher and thereafter her service was discontinued and she was asked to return to NUPW. The claimant's service was discontinued for just cause or excuse as she did not possess the academic qualif