Shaik Daud Ismail JCA:

[1] This is an appeal from the decision of the High Court which had on 18 May 1998, dismissed the appellant's application for certiorari to quash the award of the Industrial Court handed down on 30 September 1997.

[2] The facts of the case are that the respondent commenced employment on 1 June 1980 with the appellant as Operations Manager of the Operations Department of the Crop Protection Division which was originally known as the Agro Chemical Division. He had four subordinates under him namely, assistant manager, assistant executive and two general clerks.

[3] On 1 January 1988, the appellant decided to split the operations department into two, one was called Production Department and the other Logistic and Sales Administration Department. The respondent's former assistant manager, one Loh Chee Kong, was appointed as the manager of the Production Department and the respondent was appointed as the Logistic and Sales Administration Manager.

[4] Everything appeared to be going on smoothly thereafter until 17 September 1990, the appellant wrote to the respondent informing him that his employment was terminated with effect from the date of the letter giving