Edgar Joseph Jr. FCJ:

In this judgment it would be more convenient if we referred to the appellant and the respondent as 'the Employee' and 'the Employer', respectively.

The essential facts may be shortly stated and are these:

The Employee had been employed by the Employer as a wort cooler operator at its brewery situated at Jalan Foss, Kuala Lumpur.

By a letter dated 21 October 1988, the Employee had been suspended from duties for a period of two weeks pending investigations into an allegation that he had on 15 October 1988 at about 3.30a.m. at the Employer's brewery compound committed the offence of attempted theft of 30 bottles of Fraser & Neave cordials and one bottle of Lion Stout. A police report was lodged at 6.40 a.m. the same day by the Employer's head guard who alleged that he was an eye witness to the offences charged. Some three weeks later, the Employee had been given formal notice by letter dated 31 October 1988, signed by the Employer's personnel officer Lim Fah, that it had decided to hold a domestic enquiry to consider four charges against him, particulars whereof were set out in a charge sheet annexed thereto, and which were in the following terms:

1.