JUDGMENT

Mokhtar Sidin JCA:

The appellant is an accountant and on 1 July 1982 she joined the service of the respondent as an accountant and subsequently was appointed to the post of Pengurus Kewangan. By a letter dated 30 October 1995, the respondent seconded the services of the appellant to a holding company called Kelrest Holdings Bhd (hereinafter referred to as " Kelrest " only). The terms and conditions of the secondment are set out in the appendix to the said letter. The appellant did not agree to the secondment and she stated this in her letter dated 1 November 1995 addressed to the Ketua Eksekutif of the respondent. The respondent insisted on the secondment which the appellant refused. As a result the appellant was issued with a show cause letter by the respondent on why disciplinary action ought not to be taken against her and she was given fourteen days to reply.

In her reply, the appellant stated that for any secondment it is necessary to have the prerequisite consent of the officer concerned. The appellant did not consent to the secondment and as such she is entitled to reject the secondment. The respondent expressed its disagreement in its letter dated 4 December 1995 a