JUDGMENT

Aziah Ali JCA:

Introduction

[1] There were two appeals before us involving the parties herein which by consent were heard simultaneously. The two appeals arose from the decision of the High Court in suit no. D1-22-1667- 1998 filed by Raja Safiah binti Raja Lope Ahmad against PB Securities Sdn Bhd. The appeal record filed in appeal no. W-02- 3382-2010 (the appeal filed by PB Securities Sdn Bhd) was the primary record referred to during the appeal. For the purposes of this judgment Raja Safiah will be referred to as the 'plaintiff' and PB Securities Sdn Bhd will be referred to as the 'defendant', as they were in the Court below.

Background facts

[2] The plaintiff was a paid dealer's representative ("PDR") employed by the defendant, a stockbroking company. As a PDR she was paid a monthly salary and an annual merit bonus. The evidence showed that by letters dated 5 May 1990, 21 April 1991, 19 May 1992, 31 December 1992 and 20 December 1993 the defendant adjusted the plaintiff's basic salary and from 1 January 1994 she was paid a basic salary of RM2,000.00 per month. The salary adjustments made were inclusive of her annual increments payable by the defendant on the 1st January of ea