Gopal Sri Ram JCA:

This appeal raises two questions. Neither of them gives rise to any difficulty. They are matters upon which our courts have made several pronouncements. The first question is whether the Industrial Court had exceeded its jurisdiction in holding that the respondent had been dismissed without just cause or excuse. The second is whether the compensation awarded by the Industrial Court to the respondent is excessive. Both were tested in certiorari proceedings before the High Court and were resolved against the appellant. The factual background from which these questions arise may be shortly stated.

The respondent was at all material times the appellant's general manager in Sabah. He commenced his employment on 1 November 1984. His salary was RM8,000 per month. On 15 May 1986, the appellant served him with a letter setting out three charges of misconduct. The first charge related to three instances where the respondent had allegedly overstepped the bounds of his authority. The second and third charges alleged that the respondent had abused his authority. The respondent gave a written answer to the charges formulated against him. But the appellant's board rej