This is an application by the applicant for an order of certiorari to quash the decision of the Industrial Court, in Award No. 677 of 1998 made on 29th December, 1998. The Industrial Court found that the first respondent had been constructively dismissed and the dismissal was without just cause or excuse and ordered the applicant to pay backwages and compensation in the total sum of RM86,950.00.

The relevant facts giving rise to this application are as follows:

The first respondent commenced employment with the applicant on the 1st August, 1993 at its Wellhead/Xmas Tree/Valve Maintenance as a Workshop Supervisor with a basic salary of RM4,000.00 per month. Upon expiry of his contract, he was offered a permanent employment as a Technical Manager in the Repair and Maintenance Division, effectively on 1st August, 1996 with a basic salary of RM4,200.00 per month. He had also received RM500.00 housing allowance.

2

The problem between the first respondent and the applicant started on 21st August, 1997, when the Director cum - Manager of the applicant, Mr. Wee Khea Peng (COW1), held a meeting attended by the first respondent, Mr. Kevin Franks (the Consultant), Mr. Patrick Green