In COLGATE PALMOLIVE SCLN$.$ BHD$.$ V$.$ YAP KOK FOONG

$($AWARD $368$ OF $1998),$ it was held as follows:

$"$In a section $20$ reference, a workman's complaint consists of

two elements: firstly, that he has been dismissed, and

secondly that such dismissal was without just cause or

excuse. It is upon these two elements being established that

the workman can claim his relief, to wit, an order for

reinstatement, which may be granted or not at the discretion of

the Industrial Court. As to the first element, industrial

jurisprudence as developed in the course of industrial

adjudication readily recognizes that any act which has the

effect of bringing the employment contract to an end is a

'dismissal' within the meaning of section $20.$ The terminology

used and the means resorted to by an employer are of little

significance; thus, contractual terminations, constructive

dismissals, non$-$renewals of contract, forced resignations,

retrenchments and retirements are all species of the same

genus, which is 'dismissal'."