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 qualifications and also because she had failed to carry out her duties in a proper and professional manner.

Who is the Claimant's Employer

The claimant's principal witness is CLW1 Mr. Tan Yap, the founder of the school and the society. He was also the society's secretary for many years and later became its chairman until the end of 1995. He was the school's first principal until 1987. CLW1 started the school in 1969 when he was first transferred to Kuala Lumpur as a government pharmacist. Wanting to do something for deaf children, he started a tuition class for them at a local national-type school in Kuala Lumpur. Being the initiator he proceeded to register the Selangor School for the Deaf with the Education Department in Kuala Lumpur. In 1973, he started a school for the deaf in Klang as a branch of the school. To operate the school and its branch more effectively, he invited a few personal friends to form the society which is registered with the registrar of societies.

The society's relationship with NUPW began soon after. CLW1 was the sole teacher. He met Mr. P.P. Narayanan of NUPW and discussed the society's need for a teacher. NUPW agreed to support the school by paying RM150 towards the cost of a teacher. CLW1 found a teacher in the person of Miss Anna Wong and proceeded to employ her with NUPW paying her salary. When Miss Wong resigned, the society requested NUPW to support another teacher in her place. The teacher selected to take the place of Miss Wong for the sponsorship of her salary was the claimant who had been a teacher with the school since 1977. Subsequently in 1987 she was appointed the principal of the school.

The claimant states that she first joined the school in 1972. She was paid a salary of RM200 by the school. From April 1982, her salary was sponsored by NUPW. She had never worked for NUPW. After serving as a teacher for 10 years she became the principal in 1987.

The society's witness COW1, Mr. K.S. Maniam became the administrator of the school in 1991. He states that he had been a member of the society since 1989. In July 1991, he was appointed as the administrator of the School. From the records of the society and the school he is aware that the claimant was "involved" with the school since 1978. He states that the claimant was an employee of NUPW. He concedes, however, that the claimant was working full time in the school and was under the supervision and subject to the discipline of the school board. As on September 1995, NUPW was paying RM780 in salary and contributing RM76 EPF while the society's corresponding payments were RM300 and RM34 respectively.

Mr. M. Shanmugam, COW2 is the treasurer and acting chairman of the society. He has been a member of the society since 1978. He is aware that the claimant was a teacher in the school.