Award No.255 of 1990[25 SEPTEMBER 1990]

This case involves Holiday Inn Kuching (the hotel) and Mrs. Elizabeth Lee Chai Siok (the claimant). In her Statement of Case dated 3 October 1987, she has pleaded inter alia that her services as Personal Administrative Assistant to the General Manager of the Hotel were terminated on 9 January 1987 and that the said termination constituted a dismissal which was unlawful and unjustified. She therefore prays for reinstatement and or compensation, dam-ages and costs. The hotel in its Statement in Reply dated 30 December 1987 has denied the allegations pleaded in the Statement of Case contending inter alia that the claimant was not dismissed as she has resigned on her own; that alternatively if her services were terminated, it was done with just cause or excuse.

Essentially the case can be resolved upon a consideration of the following questions: Had the claimant been dismissed? If so, what was the reason for the dismissal? Did the Hotel act reasonably in all the circumstances?

The first question relates to the fact of dismissal. In this connection, it is incumbent upon the claimant to prove to the satisfaction of the court that she had been dismisse

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