Facts of the Case

Claimant commenced employment with the Respondent as an Executive Chef with effect from 15.7.1997 with a commencement salary of RM72,000.00 per annum. At the time of his dismissal effective from 7.7.2005 vide the Respondent's letter dated 6.7.2005, Claimant was holding the same position and his last drawn salary was RM7,996.00 per month.

The event leading to the Claimant's dismissal emanates from a luncheon function organized by Sime Darby Berhad at the Respondent's lobby lounge on 2.6.2005 with the attendance of dignitaries where the 'nasi kandar' rice and the glutinous rice prepared by the kitchen in the Food & Beverage Department under the care and supervision of the Claimant were poorly prepared so much so that the rice and glutinous rice served in the said function were found to be not properly cooked. As a result of this incident, Claimant was issued a show cause letter dated 3.6.2005 which was followed by a letter of notice of inquiry dated 22.6.2005 with the 2 allegations of charge as follows:

"1. On or about 2.6.2005 at the Lobby Lounge of Kuala Lumpur Golf & Country Club Berhad during the luncheon organized by Sime Darby Berhad, it was found that the nasi kandar rice and the glutinous rice prepared by the Kitchen in the Food & Beverage Department were poorly prepared. Needless to say that this is a serious incident as the said same nasi kandar rice and glutinous rice were served to dignitaries who attended the function and certainly calls into question the competency and reliability of KLGCC as a destination for such events.

You being an Executive Chef are responsible for supervising the activities of the kitchen and its employees, this responsibility encompasses ensuring the competent and reliable production, preparation and presentation of all food items and a high standard of quality and taste at all times, had evidently failed to discharge your duties and responsibilities to the standards required of an Executive Chef.

2. That you being an Executive Chef being responsible for the care and management of the Kitchen in the Food & Beverage Department have failed on a repeated number of occasions to discharge your duties to the standards required of you despite prior warnings issued to you. This amounts to a serious dereliction of duties on your part as the Executive Chef."

Domestic Inquiry (D.I.) was conducted against the Claimant as scheduled on 30.6.2005 at the Boardroom 1 in the Respondent's premises at 11.00 am. Claimant attended and pleaded not guilty to both the aforesaid charges. At the end of this D.I., the panel found the Claimant guilty of both the above charges. In addition, the panel also made the findings that Junior Sous Chef Abdul Aziz should also be responsible for the white rice as he did not heed the advice of Chef Mohamed Zain to steam the rice longer and serve the rice upon the request by the Executive Chef; secondly, the immediate superior of the Claimant, ie, the Food & Beverage Department Manager should also be held responsible and accountable for the non-performance of the whole department. In view of the Claimant having been found guilty by the D.I. of the said 2 charges which the Respondent viewed them to be serious, the Claimant was dismissed vide the Respondent's letter dated 6.7.2005 to take effect on 7.7.2005.

Claimant alleged that he had taught Junior Sous Chef Abdul Aziz, Chef de Partie Mohamad Zaini and Cook II Mohd. Elmee the manner of cooking steamed rice (nasi kukus) on 27.5.2005 and it was successfully prepared and served to 100 staff of Subang Jaya Medical Centre on 28.5.2005. On 2.6.2005, he had as early as 9.00 am gone to the banquet kitchen to ensure that all preparation for the white rice was carried out smoothly and in proper order. At about 12.15 to 12.30 pm. he had instructed Junior Sous Chef Abdul Aziz to send out the white rice to the lobby but there was no feedback given to him that the rice was uncooked. When he received complaint from the gues