[1] The parties in this case are Noivy Bin Jinius (hereinafter referred to as "the claimant") and The River Estate Sdn. Bhd. (hereinafter referred to as "the company").

(A) Brief Background Facts

[2] The claimant was employed by the company as a Field Conductor at Bukit Mas II Estate with effect from 1 September 1999 vide his Letter of Appointment. The claimant was confirmed in his post as Field Conductor with effect from 1 March 2000 vide company's letter dated 24 March 2000. By letter to the claimant dated 26 May 2001, the company informed the claimant that his services with the company was terminated for committing gross misconduct for assaulting his superior, a senior management staff with the intention of willfully causing grievous bodily harm. The claimant's last drawn salary prior to dismissal was RM968 per month.

(B) The Issue

[3] The dominant issue for the court's determination is whether or not the claimant had assaulted Khor Hang Chaai (COW5), his superior on the morning of 26 May 2001 and if the finding of the court is positive whether the act so committed constituted an act of serious misconduct by reason of which the company had sufficient justif