JUDGMENT

Wong Kian Kheong JCA:

A. Background

[1] We shall refer to the parties as they were in the High Court.

[2] On 5 August 2002, the applicant (Applicant) commenced employment as a "Section Head" in the Human Resources (HR) Department of the 1st respondent company (1st Respondent).

[3] The 1st Respondent appointed the Applicant to be a "Section Manager of its HR Department on 23 December 2013.

[4] As a Section Manager of the 1st Respondent's HR Department, the Applicant was responsible for, among others, the recruitment of foreign workers for the 1st Respondent [1st Respondent's Recruitment (Foreign Workers)].

[5] On 20 April 2017-

(1) the Applicant returned to work after spending her two weeks of annual leave;

(2) the 1st Respondent's then HR Head, Mr J. Chandrasegaran (COW-1) met the Applicant and gave her a letter dated 20 April 2017 [1st Respondent's Letter (20 April 2017)]. According to the 1st Respondent's Letter (20 April 2017), among others-

(a) the title of the 1st Respondent's Letter (20 April 2017) was "Mutual Separation Agreement" (MSA);

(b) the opening sentence stated that "With reference to the above, we [the 1st Respondent] are writing to confirm the details of the mutually agreed separation of [the Applicant's] employment with [the 1st Respondent]" {Opening Sentence [1st Respondent's Letter (20 April 2017)]};

(c) clause 1 stated that "Your [the Applicant] physical last day of service with the [1st Respondent] is 21 April 2017" {Clause 1 [1st Respondent's Letter (20 April 2017)]};

(d) according to cl 2, "In consideration of your [the Applicant] voluntary cessation or separation from employment with the [1st Respondent], the [1st Respondent] will pay you, the sum of [RM50,000.00] only as compensation" {Clause 2 [1st Respondent's Letter (20 April 2017)]};

(e) clause 3 provided that the payment of RM50,000.00 "will be divided into two payments where the 1st payment of RM25,000.00 will be made payable to your [the Applicant's] account on or before 30 May 2017 and the 2nd payment of RM25,000.00 will be made payable to your account on or before 30 June 2017' {Clause 3 [1st Respondent's Letter (20 April 2017)]};