[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 resp