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2007 MarsdenLR 762

INDUSTRIAL COURT, KUALA LUMPUR
BURSWOOD RESORT (MANAGEMENT) LIMITED – Appellant
Versus
YEAP PENG HUAT – Respondent


AWARD

Background

1. This is a dispute involving the dismissal of the Claimant Mr Yeap Peng Huat by his employer Burswood Resort (Management) Ltd on 20/9/00. The Company is an Australian incorporated company which operates the Burswood International Resort Casino in Perth, Western Australia. The Company's main business activity is the attracting and servicing of international customers. The Claimant was first employed by the Company as its sales manager at the Kuala Lumpur office with effect from 20/3/95. The terms and conditions of the Claimant's employment were reduced to a written contract dated 24/3/95. The Claimant's position as Sales Manager was later varied to that of an Overseas Manager at the Kuala Lumpur office. The Claimant was also appointed as agent for the Company to accept service of process on behalf of the Company within Malaysia. His position requires him to manage all the operations of the Company's office in Kuala Lumpur and to ensure customer satisfaction. The Claimant's last drawn salary was RM10,150.00. Vide a letter dated 20/9/00 the Claimant's employment with the Company was terminated with immediate effect.

2. As Overseas Manager of the Malaysian office the Cl

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