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SESSIONS COURT (MIRI)
STEVE RITIKOS, J
Liew Shaw Fah – Appellant
Versus
Lee Khoi Yun – Respondent


Kenny Yi (Yi & Co Advocates) for the plaintiff.
Bernard Chung (Chung, Lu & Co) for the defendant.

Steve Ritikos J:

GROUNDS OF JUDGMENT

(After Full Trial)

Plaintiff’s Claim

The plaintiff was the executive secretary of the Miri Chamber of Commerce and Industry (“the Chamber”) with a monthly salary of RM5,000. The plaintiff’s claim is against the Chamber which is a society incorporated under the Societies Act 1966 . The Defendant is named as the Defendant pursuant to Section 9 (c)

Plaintiff alleged that by a letter dated 1.12.2014, the plaintiff gave prior written notice of his resignation as the executive secretary to the Chamber in accordance with the Chamber’s Staff Services Rules 2013, i.e. that the notice shall be 3 months prior written notice. Plaintiff alleged that his last day of work would be end of February 2015. Plaintiff also alleged that he informed the Chamber orally of his notice of resignation. However, the plaintiff alleged that he was forced to resign at the end of December 2014 upon giving his notice of resignation on 16.12.2014. Plaintiff alleged that the Chamber’s unlawful act of forcing the plaintiff to resign end of December 2014 had deprived him of the opportunity to earn the 2 months salary amounting to RM10,000.00 from January 2015 to February 2015. Plaintif

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