industrial court malaysia - Malaysian Legal and Tax Information Centre
industrial court malaysia - Malaysian Legal and Tax Information Centre
industrial court malaysia - Malaysian Legal and Tax Information Centre
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'misbehaviour', 'inappropriate behaviour', 'detrimental to ...reputation' <strong>and</strong>/or<br />
'abuse of trust <strong>and</strong> confidence' (paragraphs 15, 16, 17 <strong>and</strong> 23 of the SIR).<br />
It was submitted on behalf of the Claimant that at no time did these allegations<br />
feature as part of the Company's grounds for termination as stated in its<br />
Letter of Termination dated 9.7.2009 (page 18-19, Exhibit 2, SOC).<br />
Company Witness<br />
The CEO Johan Dennelind, who had issued the letter of termination did not come<br />
as a witness. Instead the Company relied solely on the evidence of the<br />
Claimant's subordinate Mr. Chan Nam Kiong (“COW-1”), the Company's sole<br />
witness who obviously had no personal knowledge pertaining to the Claimant's<br />
termination. As aptly pointed out by Claimant's Counsel, his evidence was purely<br />
based on his opinion <strong>and</strong>/or view.<br />
His evidence under cross examination was as follows:<br />
“Q : Prior to the Claimant's termination, you were not in the Digi<br />
A : Agree.<br />
Management Team?<br />
Q : In terms of the hierarchy, you have the following:<br />
CEO<br />
A : Yes.<br />
CTO (Chief Technology Officer)<br />
CFO (Chief Financial Officer)<br />
CMO/CCO (Chief Marketing Officer / Chief Commercial Officer)<br />
(Claimant)?<br />
9