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2000 MarsdenLR 1232

COURT OF APPEAL KUALA LUMPUR
KOPERASI SERBAGUNA SANYA BHD (SABAH) – Appellant
Versus
DR JAMES ALFRED (SABAH) & ANOR – Respondent


Petitioner Advocates:N Sivabalah ,Respondent Advocate: KP Gengadharan

Table of Content
1. details of dismissal and initial court rulings. (Para 2 , 3)
2. discussion on the nature of findings regarding misconduct. (Para 4 , 8)
3. assessment of compensation awarded by industrial court. (Para 9 , 10)
4. evaluation of judicial review limits on compensation awards. (Para 12 , 23)
5. final determination regarding the appellate outcome. (Para 27)
Gopal Sri Ram JCA:

[1] 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.

[2] 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

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