AWARD

This dispute which has been referred to the Court by way of a Ministerial Reference under Section 20(3) of the Industrial Relations Act 1967 is over the dismissal of the Claimant by the Respondent (the Company) on 17.07.2006.

Background Facts

The Claimant commenced employment with the Company as an Accountant with effect from 02.08.2004. He was confirmed in his employment with effect from 01.01.2005.

Sometime about 11.05.2005, the Company was acquired by the Store Corporation Berhad ("The Store"). The Claimant had duly signed the Code of Ethics of the Company sometime on 21.07.2005.

On 04.07.2006, the Claimant was issued with a Show Cause letter ("the Show Cause letter") from the Company setting out the three (3) charges ("the said Charges") against him. The Claimant duly replied to the Show Cause letter vide his letter dated 05.07.2006 and denied any misconduct on his part.

Being dissatisfied with the Claimant's explaination on 11.07.2006 the Claimant was formally charged with the said Charges (the details of which shall be stated later) and was directed to attend a Domestic Inquiry ("the D.I.") hearing in Petaling Jaya on 14.07.2006. Pursuant to the D.I. the Company on the same