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1995 MarsdenLR 303

INDUSTRIAL COURT, KOTA KINABALU
TANJUNG ARU HOTEL SDN. BHD. – Appellant
Versus
JUNIT BLASIUS MOJUGAH – Respondent


AWARD

This dispute between Tanjung Aru Hotel Sdn. Bhd. (hereinafter referred to as 'the company') and Junit Blasius Mojugah (hereinafter referred to as 'the claimant') arose from the representations made by the claimant under s. 20(3) of the Industrial Relations Act 1967 that he considered himself dismissed by the company without just cause or excuse w.e.f. 2 November 1991.

The claimant joined the company on 20 July 1983 as assistant front office manager and was subsequently promoted as the front office manager and this was the position he held when he alleged that he had been dismissed by the company.

The statement of case filed by the claimant contended that the dispute was over the dismissal of the claimant by the company w.e.f. 2 November 1991 as a result of the company repudiating its contract of employment with the claimant and set out the main particulars as follows:

(i) On or about 30 October 1991, one Markland Blaiklock on two occasions reminded the claimant that there was going to be a meeting with the general manager.

(ii) On the same day, a meeting was held at the general manager's office in the presence of the former general manager Terry Ko, one Clement Law and Markland B

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