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2009 MarsdenLR 4415 ; 2009 MarsdenLR 1

LOW HOP BING, ABDUL MALIK ISHAK, WAN ADNAN MUHAMAD
RANJIT KAUR S GOPAL SINGH – Appellant
Versus
HOTEL EXCELSIOR (M) SDN BHD – Respondent


JUDGMENT

Low Hop Bing JCA:

Appeal

[1] The appellant ("the employee") appeals to this court against the decision of the Kuala Lumpur High Court in quashing the award of the Industrial Court.

Factual Background

[2] The employee joined the respondent ("the company") on 28 September 1983 as a junior receptionist at a salary of RM155 per month.

[3] She was promoted as senior receptionist on 27 August 1984 and then as front office executive with effect from 16 May 1991.

[4] On 1 March 1997, the employee was transferred to the company's Dulang Coffee House as an executive under the Food & Beverage (F&B) Department vide letter dated 27 February 1997. Her last drawn salary was RM1,659 per month. The employee objected to the transfer on the ground that she had no experience or knowledge of food and beverage. However, she reported for duty under protest.

[5] When the employee was in the front office, she had been challenging the company's warning letters given to her for habitually arriving late for work and failure to promptly submit medical chits for medical leave. Be that as it may, she complained that, unlike other employees, she was not given the annual increment for the year 1997; and s

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