Background Facts.

1. The Claimant, a bus driver, claimed that he had been unfairly dismissed by the Company on the 26th June 2003. A domestic inquiry was conducted on the 23rd June 2003.The charge against the Claimant was "Meneruskan Perjalanan Walaupun tayar bas telah pancit hingga mengakibatkan rim dan tayar mengalami kerosakan"

2. The Company, although duly informed of the hearing date did not appear in Court by any of the Company's representative nor was it represented by Counsel. The Court received, instead, a "Pernyataan Jawapan" by a Company known as Kaymark Holdings Sdn. Bhd. Kaymark Holdings Sdn. Bhd. informed the Court that they had taken over the Company Kuantan Town Service Sdn.Bhd.from Ulung Perkasa Sdn. Bhd. since 1st October 2003. The reason given for not being present in Court was that they could not locate the Claimant's file and therefore did not know about the case.

3. Claimant was represented by Tuan Haji Abdul Rahim b. Ahmad from the Transport Workers Union.

4. As the Company representative was not present in Court, the Court instructed the Claimant to proceed with his case. The Claimant proceeded by relating the events that led to the Domestic Inquiry on