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1988 MarsdenLR 539

INDUSTRIAL COURT, KUALA LUMPUR
HAN CHIANG HIGH SCHOOL PENANG HAN CHIANG ASSOCIATED CHINESE SCHOOLS ASSOCIATION AND NATIONAL UNION O....


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1 The crux of the case in the matter before this Court is whether the 35 teachers (the Claimants)hadtherighttocontinueintheir employment when their contracts of employment for a fixed term of two years had expired by effluxion of time and were not renewed by their employer (the School). This concerns the relevance of the established and statutory protection given to workmen, that is to say, the protection not be dismissed without just cause or excuse, to contracts of employment of a fixed term.This issue will also involve and require a consideration of the pertinent statutory provisions, the germane provisions of the contract itself, its background, and the circumstances of the non-renewal of the 35 Claimants' contractsthatgaverisetoatradedisputewhich the Minister thought expedient to refer to this Court for adjudication, and remedy if necessary.

2 The Han Chiang High School was established in 1951.Its main objective was to cater for students who had dropped out of the national type schools mainly at the Lower Certificate of Education (L.C.E.) and School Certificate of Education (S.C.E.) stages for lack of success in the Government examinations.

3 The School since its incepti

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