[1] This is an application by the Applicant for an order for Certiorari to quash the Award of the Industrial Court dated 24.3.09 wherein the learned Chairman held that the 1st Respondent was constructively dismissed by the Applicant and awarded a total sum of RM252,000 as back wages and compensation in lieu of reinstatement.

Background Facts

[2] The 1st respondent was employed by the Applicant (Company) as a Senior Manager, Security & Risk Management vide a Letter of Offer dated 16.8.99. He was responsible for all aspects of security and risk management throughout Malaysia. He was later promoted to the position of General Manager of Facilities, Security & Risk Management effective 1.7.01. Due to reorganization exercise in the company, the position of the 1st respondent's became redundant. The company issued a letter dated 3.6.02, signed by the General Manager, Human Resource on behalf of the Managing Director of the company, informing him that his position will be redundant and his services will no longer be required with effect from 3.6.02.

[3] He was offered an alternative position as a Security of Facilities Manager- Kuala Lumpur with the same salary and be