Hashim Yeop A Sani SCJ

(delivering the Judgment of the Court): The facts are not disputed. By an agreement dated April 27, 1981 the appellant, Palmco Holdings Bhd., bought and took over the business of operating the hotel known as the Casuarina Beach Hotel at Batu Ferringhi, Penang from the Casuarina Beach Hotel Sdn. Bhd., a subsidiary of M/s Lau Geok Swee Sdn. Bhd. It was agreed, inter alia, under the said agreement that Palmco Holdings Bhd. would offer employment to all existing employees in the undertaking. However, there was also an oral understanding between the parties (not disputed by the appellant) that Palmco Holdings Bhd. would not offer employment to those employees who were relatives of the Lau Geok Swee family and those employees who were past the retirement age and also those who were not regular employees. Apparently because of the oral agreement the appellant did not offer employment to the five persons whose names are set out in paragraph 3 of the affidavit dated July 21, 1983 — page 7 of appeal record. They then claimed for termination benefits.

The hearing of the claims for termination benefits by the said five persons scheduled for hearing on April 25, 1983 was