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2000 MarsdenLR 910

INDUSTRIAL COURT IPOH
SAIPEM (M) SDN BHD – Appellant
Versus
RAMAN RAMASAMY – Respondent


AWARD

The parties to the dispute are Raman Ramasamy (hereinafter referred to as the claimant) and Saipem (M) Sdn. Bhd. (hereinafter referred to as the company).

The dispute is over the dismissal of the claimant on 27 December 1996 by the company. See exh. CO p. 9.

The claimant commenced employment on 12 July 1994 as a surveyor with the company at a basic salary of RM6,200 per month. He was also entitled to a month's bonus. See exh. CO pp. 3-7.

The claimant contends that the dismissal was without just cause and excuse.

Further, or in the alternative, the claimant contends that the dismissal was not in accordance with the principles of natural justice and not in accordance with equity and good conscience.

The claimant prays for an order that he be reinstated to his former position without loss of any benefits, monetary or otherwise.

In the statement in reply, the company states that the claimant was dismissed on the basis that he physically assaulted a colleague, Barry John Metcalfe, on or about 27 December 1996. The company contends that the misconduct was further aggravated by the fact that the claimant had used a wooden stick to strike Barry John Metcalfe. In view of the seriousness of t

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