The dispute is over the alleged dismissal of the claimant by the company on 19 October 1995.

The claimant began his service with the company on 8 August 1979 as a store keeper. He was promoted as a sales manager on 4 January 1993. Subsequently his terms and conditions of service were revised and these took effect from 1 July 1993.

Vide a letter dated 12 October 1995 (p. 1 of Bundle "A") the claimant was informed by the company that he was to be transferred to Logic-Med Healthcare Sdn. Bhd. (hereinafter referred to as "Logic-Med") as sales manager - Project with effect from 18 October 1995. In June 1991 the company became part of the Inchcape Bhd. Group of Companies and Logic-Med is an associated company of the group. The said letter also stated that his terms and conditions of employment remained the same.

Vide a letter dated 17 October 1995 (p. 2 of Bundle "A") the claimant wrote to the managing director of Inchcape Berhad Marketing wherein he made certain allegations. For ease of reference the letter is reproduced below:

WALETA MALAYSIA SDN. BHD.

October 17, 1995

To: Mr Cyrus Medora Managing Director Inchcape Berhad Marketing

Dear Mr Medora,

I refer to the events that had transpired in my career since the departure of the Managing Director, Mr. Yeo Ann Chin to whom I was reporting. The events are as follows:

a) My Subordinate, Miss Joyce Chuah has taken over some of my functions, e.g.

i) Sending circular letters to the staff without

c.c. copy to me.

ii) Writing letter to Principal which is under my

care.

iii) Organising annual incentive trip which used to

be my responsibility.

b) My purchase order signing duty had been taken away from me (e.g. order to B-D).

c) I am not allowed to see sales correspondence and correspondence from Principals for which I used to be doing.

d) Meetings have been held with my subordinate and colleagues in which I have been excluded.

e) I have been denied access to even the fax machine.

f) A request for temporary receipt book which although was approved by the Acting Managing Director had been refused by the Account Administrator until I was forced to write a letter for the same by the Account Administrator.

g) Your letter of 12th. Oct. 1995 received by me on the 13th. Oct. 1995 at 5.15 p.m. required me to be transferred to Logic-Med Healthcare Sdn Bhd effective 18th Oct. 1995 to do a job for which I had no background experience.

h) The meeting with the Principal under my care fixed for 17th Oct. 1995 (Mitsui & Co. Ltd) which I was told by Miss Betty Chin to prepare and attend but have been told by Miss Betty Chin today not to attend.

i) On the 4th Oct. 1995, my application for annual leave had been approved by Executive Director Mr Chin Yoong Wah was not accepted by Miss Loh Swee Mee, Account Administrator who insist I have to reapply for approval by Acting Managing Director, Miss Betty Chin (previously Mr Chin can approve my leave).

In view of the above events, I am of the view that the relationship of mutual trust and confidence has been broken by the company. Under the circumstances, unless you revert me to my former post of Sales Manager in Waleta Malaysia Sdn Bhd effective from 20th Oct. 1995 and rectify all the above matters.

I will have no alternative but to consider myself dismiss with effect from 21st Oct. 1995. In the meantime, I'll continue to report to Waleta Malaysia Sdn. Bhd.

Yours faithfully,

signed. TEW MEING HOCK

c.c. Acting Managing Director, Miss Betty Chin.

By a letter dated 18 October 1995 (p. 11 of Bundle "B") the company denied the allegations and vide a letter of 20 October 1995 (p. 13 of Bundle "B") the company replied and responded to the said allegations as follows:

INCHCAPE

20 October 1995

Mr Tew Meing Hock 58 Jalan SS23/35 Taman S.E.A. 47400 Petaling Jaya Selangor MALAYSIA

Dear Mr Tew

I refer to your letter dated 17 October and wish to respond to your allegations as follows:

In reply to item (a) (i): As the organiser of the annual incentive trip, Joyce Chuah sent a circular to all staff asking for a con

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