Abdul Hamid Omar LP:

[1] The 1st respondent Sanjiv Oberoi was employed by Genting Berhad as Executive Food & Beverage manager at Genting Highlands Resort with effect from 1 March 1985 on two-year contract in writing. On 21 June 1986 Genting Berhad terminated the contract with effect from 23 June 1986 with 2 months' salary in lieu of notice. This was done by Genting Berhad pursuant to cl 14(3) of the written contract which states that "either party shall be entitled, without assigning any reasons thereto, to terminate this contract by giving to the other not less than two (2) months written notice of termination or by paying to the other the equivalent of two (2) months' salary in lieu of notice".

[2] By letter dated 2 July 1986 Sanjiv Oberoi made representations to the Director-General for Industrial Relations under s 20(1) of the Industrial Relations Act ("the Act") for reinstatement in his former employment. Steps taken by the Director-General to effect a settlement between the parties failed and the Director-General informed the Minister of Labour accordingly on 7 October 1986 under s 20(2) of the Act that there was no likelihood of the representations being settled.

[3] Th