AWARD

This matter was referred to court by way of a ministerial reference under s. 20(3) of the Industrial Relations Act 1967 , on 22 March 2001 and was received by the court on 17 April 2001. It arose out of the dismissal of Encik Tan Chong Hin (hereinafter referred to as the "claimant") by Susu Lembu Asli Marketing Sdn. Bhd. (hereinafter referred to as the "company") on 22 March 2000.

The claimant commenced employment with the company on 1 July 1993 as its assistant marketing manager and was duly confirmed in his position. By January 1994 he was made the company's marketing manager.

On 6 March 2000 he was hauled before a panel of domestic inquiry (DI) to face 5 charges of misconducts as shown at p. 7 of the claimant's bundle of documents - CLB2. The claimant duly attended the DI held on 14 March 2000 wherein he denied all the charges proferred against him.

Vide letter dated 22 March 2000 shown at pp. 13 and 14 of CLB-2, the claimant was informed that the panel had found him guilty of only 2 out of the said 5 charges and on account of the seriousness of the misconducts, he was dismissed with immediate effect ie, from 22 March 2000. The 2 charges upon which the claimant was found guilt