When this matter came up for hearing on 16 March 1995, the claimant was present with his solicitor. The company was absent though they filed the statement in reply. The company had been informed of the hearing date. In fact this matter had been adjourned earlier at the request of the company.

In the light of the fact that the matter had been pending for two years, Mr. Tan Get Joo, Counsel for the claimant informed the Court that he was instructed by the claimant to apply to the Court to invoke s. 29(d) of the Industrial Relations Act to proceed with hearing exparte.

The Court stood down the matter until 9.45 a.m. When the company failed to turn up for the hearing, the Court proceeded with hearing ex-parte.

The claimant was employed by the company as the registrar/principal of its Business Division and Professional Courses Division on probation vide letter dated 15 July 1992. He was placed on probationary period for 6 months from 15 July 1992. The claimant was paid a monthly salary of RM3,000 with incentive allowance base on 30% of the net profit derived from the Professional Courses Division. The Business Division incentive allowance is at the discretion of the director of the c