AWARD

This was a reference by the Honourable Minister of Human Resources pursuant to section 20(3), Industrial Relations Act 1967 arising out of the dismissal of Soh Tong Hwa (hereinafter referred to as "the claimant") by Malaysian Oxygen Bhd (hereinafter referred to as "MOX") on 6 June 2003.

Both counsel had tendered written submissions. Counsel for the claimant had tendered two further written replies. Counsel for the company was given the opportunity of replying to the two further replies. A letter dated 13 February 2008 was sent to the solicitors for the company inviting them to tender a reply. To-date, counsel for the company has not done so.

The primary business of MOX was the supply of industrial gases and related products. The claimant was appointed as a Production Engineer by MOX on 1 April 1979. He had a steady rise in MOX and received promotions. At the material time, he was the General Manager of the Process Gas Solutions Division, which was one of the three business units in MOX.

MOX contended that the claimant had failed to devote his full time and attention to MOX when he and his wife formed another company; he had breached his fiduciary duty to MOX and placed himself i