Judicial review assesses decision-making processes, not the merits, reversing findings of fact only if clearly irrational.

[1] This is an appeal against the decision of the learned High Court Judge in allowing a judicial review application. The learned High Court Judge granted a certiorari order to quash an award of the Industrial Court dated 3 March 2014 ("the Award") which had earlier found that there was an unfair dismissal of the appellant.

Brief Facts

[2] The appellant in this appeal (Md Nor Kassim) was a Branch Manager at the respondent's bank, Malayan Banking Berhad ("MBB"). The post of Branch Manager is a Senior Executive position of trust and responsibility involving the management of subordinate staff.

[3] On 28 January 2010, the respondent received a verbal report from its staff, Rohaida Kamarudin (COW1), that the appellant had sexually harassed her. COW1 lodged two police reports on 1 February 2010 and 17 February 2010 respectively (pp 155, 157, Appeal Record Jilid 3).

[4] The alleged sexual harassments referred to are as follows:

4.1 the appellant had on several occasions sent SMSs containing inappropriate words such as "ILU" which stands for "I love you"; and

4.2 the act of the appellant lending a book entitled "100 Rahsia Kehebatan Lelaki" to COW1.

[5] In response to these allegations, the respondent carried out investigation of the alleged misdemeanours of the appellant.

[6] Investigations revealed that the alleged incidences were not isolated incidents and COW1 was not the only victim of the alleged sexual harassment. Apparently, there were other female staff who suffered similar harassment but did not report these incidences for fear of being victimised by the appellant who was then their superior.

[7] The respondent had subsequently issued a suspension letter dated 9 February 2010 to the appellant as a result of the alleged misconduct. The suspension took effect from 10 February 2010 pending the disposal of the disciplinary proceedings against the appellant before the Domestic Disciplinary Inquiry ("DI") of the respondent.

[8] The DI found the appellant guilty of grave misconduct and dismissed the appellant from service with effect from 22 August 2010. Dissatisfied with the dismissal, the appellant referred the matter to the Industrial Relations Department which in turn referred the dispute to the Minister who then referred the dispute to the Industrial Court for resolution.

[9] The Industrial Court after having heard the matter found in favour of the appellant in that the appellant was dismissed without just cause or excuse and ordered the appellant to be reinstated to his former position.

[10] The respondent then filed an application for a judicial review to the High Court seeking an order of certiorari to quash the award.

At The High Court

[11] The learned High Court Judge however allowed the judicial review application and issued a writ of certiorari to quash the award. The learned High Court Judge found that the learned Industrial Court Chairman had committed serious errors of law in arriving at his award. The learned High Court Judge further noted that the learned Industrial Court Chairman, among others, had taken into account irrelevant considerations, failed to take into account relevant considerations and material facts and had acted against the weight and totality of the evidence in dismissing the charges against the appellant in entirety.

[12] The appellant, dissatisfied with the decision of the learned High Court Judge appealed to this Court.