JUDGMENT

Wong Hok Chong JC:

Introduction

[1] This is the appellant/defendant's appeal against the learned Sessions Court Judge's ("LSCJ") decision to allow the respondent/plaintiff's claim after a full trial. I heard and allowed the appeal and these are the grounds for my decision.

Background

[2] The background facts are as follows. The respondent worked as a bank teller with the appellant bank until she was summarily dismissed on 8 April 2009. The events that led to her dismissal are summarised as follows:

(i) On 24 November 2008, it was discovered at the end of the working day that there was a cash shortage of RM7,000 from the bank counters. There were three tellers manning the counters and the respondent was one of them;

(ii) Internal investigations found the respondent responsible for the cash shortage. She had deposited RM7,000 cash into the account of Tan Le He at 9:31am that morning without being able to account for it;

(iii) the appellant issued a show cause letter charging the respondent for misconduct - serious breach of duty and serious acts of misconduct;

(iv) the domestic inquiry found the respondent responsible for the RM7,000 cash shortage. She knew Tan Ie He ("Tan") and owed