JUDGMENT

Su Tiang Joo JC:

Introduction

[1] The second respondent ("R2") succeeded in obtaining an award from the Industrial Court ("IC") that his services as a Sales Manager of the Applicant ("Applicant") had been terminated without just cause and excuse. He was awarded a sum of RM91,000.00 by way of compensation. On 6 July 2022 this Court granted an Order of Certiorari to quash the award of the Industrial Court ("IC") in Award No 1445 of 2021 ("IC Award") dated 14 October 2021 and this is the grounds in short form for the decision made.

Background

[2] R2 commenced employment with the Applicant on 1 June 2016.

[3] His designation at the time his services with the Applicant came to an end on 3 February 2020 was that of a Sales Manager.

[4] His last drawn salary was RM7,000.00 per month.

[5] R2's claim for dismissal without just cause and excuse was heard by the IC.

[6] At the hearing before the IC, the Applicant called three witnesses and so did R2.

[7] Central to the claim by R2 was that on 3 February 2020 an incident occurred at the Applicant's premises which resulted in R2 alleging that his services were terminated by reason of him being denied entry into his place of work at the Applicant