INDUSTRIAL COURT
SINTAT RENT-A-CAR (M) SDN BHD – Appellant
Versus
TAN TIAN SER – Respondent
The issue in this dispute is whether the claimant was dismissed on 19 March 1996 and if so, whether such dismissal amounted to a violation of the principles of natural justice effected without just cause or excuse. He was appointed as the administration manager of the company on 6 March 1995, at a monthly salary of RM4,500 on a clean wage basis, the company having agreed to pay on his behalf his EPF contributions and also his income tax dues or liabilities.
The pleadings and the evidence of the company, however, makes issue to the effect that the company is not liable to the claimant because he was not appointed by the Malaysian company, but by Sintat Rent-A-Car (Singapore) P/L. They aver, and evidence was adduced by the managing director, COW1, who incidentally is the MD of both the Singaporean and the Malaysian companies, that since the salaries of the claimant were remitted from Singapore every end of the month, (Exh. COA pp. 1 to 26), therefore this was proof enough that he was employed by the Singapore entity and not its counter part, the Malaysian company. COW1 testified and contended that the claimant was only the "representative" of Singapore to oversee its business operatio
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