[1] This reference stems from he dismissal of Encik Warren Zawawi Hussein ("the claimant") by Wagner Global Services (M) Sdn Bhd ("the company") on 4 September 2007.

Factual Matrix

[2] The claimant was appointed effective 1 May 2007 for a period of one year by the company. He was dismissed from service on 4 September 2007. It is not the pleaded case of the claimant hat his contract of employment was in fact a contract of a permanent nature dressed up as a fixed term contract. The company contends that the claimant's said contract would have expired on 30 April 2008.

[3] The claimant's counsel orally applied and was allowed by the court to amend para 1 of the statement of case to include after the words "commercial manager" the words "chief financial officer" despite the objections raised by the company's counsel. The court's decision was based on s 29(g) of the Industrial Relations Act 1967 where the court is empowered generally to direct and to do all such things as are necessary or expedient for the expeditious determination of the matter before it and s 30(5) of the said Act 1967 which states that it is the duty of the court o act according to equity, good co