Choo Kah Sing JCA:

Introduction

[1] The main issue before this Court was whether the learned High Court Judge had erred in law in his decision on a judicial review application to make a finding of fact vis-a-vis an act of condonation by the appellant when this fact was not pleaded and ventilated before the Industrial Court. The learned High Court Judge premised on this finding of fact to conclude that the Industrial Court's award was wrong. Consequently, the learned High Court Judge quashed the Industrial Court's award which was in favour of the appellant. Dissatisfied with the decision of the learned High Court Judge, the appellant appealed before us.

Brief Facts

[2] On 1 July 2001, the appellant, Chong Fui Thung, was employed by the respondent, Sena Diecasting Industries Sdn Bhd, as an employee with the position of general manager. On 23 June 2005, while the appellant was still under employment, he was appointed as a director of the respondent company, and re-designated as an executive director. As the appellant's career progressed, he became a shareholder in the respondent company as well.

[3] Sometime in 2017, the appellant and one Tan Boon Hock, another director and shareho