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2017 MarsdenLR 1577

COURT OF APPEAL PUTRAJAYA
PAN MALAYSIAN POOLS SDN BHD – Appellant
Versus
KWAN TAT THAI & ANOR – Respondent


[1] There are three appeals before us arising from a judgment of the High Court. We heard all the three appeals on 15 August 2017 and reserved judgment.

[2] The main appeal is appeal No W-02(W)- 1453-08/2016. In this appeal, the appellant/plaintiff complains that inter alia its claim for breach of employment contract as well as claim related to secret profits made by the employees ie the 1st and 2nd defendants ought to have been allowed.

[3] The 1st and 2nd defendants had filed appeal W-02(W)- 1802-09/2016 and No W-02(W)- 1796-09/2016 respectively complaining that the learned judge having dismissed the plaintiffs claim had ordered the defendants to pay the costs of RM100,000.00 to the plaintiff.

[4] In the instant case, it is not in dispute that the (i) defendants were dismissed from employment, for the misconduct related to breach of employment contract and claims related to secret profits; (ii) the defendants then proceeded to seek relief for unfair dismissal through the Industrial Court; (iii) before the hearing in the Industrial Court, the defendants withdrew their claim; (iv) the plaintiff had filed a notice of motion Encl 5(a) to admit the document related to the Industrial Cour

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