Mr. Jan A. Oudendijk, the General Manager (GM) of Kuala Lumpur Hilton ("the Company") lodged compliant on 27 August 1988 that he saw Encik Mohd Hamzah Jumiran, a houseman, sitting on the counter of the Aviary Lounge toilet reading a newspaper.

Arising out of this compliant the Company framed four charges against the Claimant (Ex U.1.):

1. Reading a newspaper in your work area on 27 August 1988 atabout 9.45 a.m.

2. As an employee who is entrusted to clean toilets you haveabused the Company's trust in you.

3. Poor work attitude.

4. In doing so you have violated the rules and regulations ofthe Hotel.

The Company wrote to the Claimant on 27 August 1988 (Ex. U.1.) that it considered the charges a serious offence and misconduct and notified him that a domestic inquiry will be held on 1 September 1988, five days later. This institution of the domestic inquiry was obviously in compliance with s.14(1) of the Employment Act 1955 which stipulates that an employee may be dismissed without notice on the ground of misconduct after a due inquiry.

A due inquiry under s.14(1) ought to comply with the time honoured rules of natural justice. It ought to be a bona fide inquiry. It must be conducted in a fair

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