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2005 MarsdenLR 2453 ; 2005 MarsdenLR 1

GOPAL SRI RAM, ABDUL AZIZ MOHAMAD, ARIFIN ZAKARIA
ZAKIAH ISHAK – Appellant
Versus
MAJLIS DAERAH HULU SELANGOR – Respondent


Advocates:
For the appellant - Zainur Zakaria; M/s Zainur Zakaria & Co.
For the respondent - Hazman Ahmad; M/s Hazman & Assoc.

JUDGEMENT

Arifin Zakaria JCA:

Sometime in 1997 the appellant was offered employment as the Bendahari (Treasurer) of the respondent for a term of one year. She accepted the offer and commenced work on 16 July 1997. In the purported exercise of its contractual right the respondent sought to terminate the appellant's employment pursuant to cl. 9 of the contract giving the appellant three months notice with effect from 12 September 1997. However, before the expiry of the said period, on 2 October 1997, following the meeting of its Disciplinary Board, the respondent terminated the appellant's employment by giving her 24 hours notice with one month's salary. The appellant was dissatisfied with the said termination and commenced this action against the respondent asking,inter alia, for the following reliefs:

(a) a declaration that the said termination is null and void and the appellant is still in the employment of the respondent;

(b) arrears of salary; and

(c) damages.

The learned High Court Judge dismissed the claim with costs and hence this appeal. We heard this appeal on 20 September 2004 and dismissed the same with costs and ordered that the deposit be paid to the respondent in f

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