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 Claimant's duties were as follows:-

i) maintaining and building a customers base;

ii) creative approach in the development of events and activities;

iii) provide an effective liaison with all the other relevant departments of the Company;

iv) provide timely reports on sales and other activities;

v) keep customers informed of all Company's products and services,

vi) supervise and train staff to ensure performance of a high - level;

vii) manage and administer the office.

3. It is the contention of the Claimant that during his period of service with the Company the Claimant had received several commendations from the Company and had been awarded a certificate of appreciation of service on 20/3/00. Claimant also avers that he had not received any adverse complaint about his work during his period of service with the Company and had been paid bonuses. The letter of 20/9/00 terminating the services of the Claimant does not provide any reason. It is the contention of the Claimant that his dismissal by the Company was made in bad faith and that there was an element of victimization. The employment of the Claimant's brother, who had also been working for the Company as a Senior Vice-President International Marketing, was terminated by the Company in June 2000.

4. The Claimant's counsel stresses two main points among others concerning the dismissal.

i) the person who decides on the dismissal must be called as a witness;

ii) the Claimant's dismissal was procedurally unfair.

The Company in support of its reason for dismissing the Claimant alleges:-

i) poor performance;

ii) insubordination.

Company's Contention

5. Company contends that in July 2000 the Company underwent a management restructuring which resulted in a new executive management. On or about the end of July 2000 or early August 2000 after the appointment of the new management, the new Executive General Manager, one Alan Khoo, discovered that the Claimant was engaged in collecting "front money" in the form of cash from customers and transferring those money to Burswood in Perth through moneychangers. At that material time currency control laws in Malaysia required authorization from the authorities for amounts exceeding RM10,000.00. After becoming aware of this unlawful practice, Alan Khoo immediately directed the Claimant to stop it. The Claimant questioned the instruction, saying that the Company would lose business if he did not help it transferred cash money from Malaysia to Australia. It is the Company's contention that Alan Khoo repeated the instruction directly as well as through the Business Development Manager James Pua on several occasions during August and September 2000. It was alleged that Alan Khoo and James Pua reminded the Claimant not to handle cash but should tell customers to make their own arrangemen