Wan Suleiman SCJ:

[1] The appellant Company had dismissed the respondent, its Project Manager, with effect from 23 February 1984. The company did so by sending Choong a letter dismissing him with immediate effect.

[2] Choong contends that the dismissal was without just cause or excuse and/or alternatively was unfair labour practice. Further or in the alternative Choong contends that the dismissal was contrary to the principles of natural justice and therefore void, and therefore prayed for reinstatement to his former position in the company without loss in salary, monetary or otherwise.

[3] The reference to the Industrial Court was made under s 20(3) of the Industrial Relations Act 1967.

[4] Before the Industrial Court the case for the Company was that on various occasions it had pointed out to Choong his casual and indifferent attitude towards his responsibilities. It also alleged that he had not shown any improvement despite the admonition and in addition instigated or provoked dissatisfaction among fellow workers. This, it said had caused it loss and therefore the dismissal was justified in law.

[5] The Industrial Court heard witnesses both for the appellant and for Encik Choong