Application

This is an application for an order of certiorari by Stephen Bong, the applicant, to quash the Industrial Court's Award No 596 of 1997 dated 16 December 1997 which held that the termination of the applicant's service with the respondent company was with just cause and excuse on the ground of redundancy.

Background of case

The applicant was at the material time employed as executive director of FCB (M) Sdn Bhd, the respondent company. By a letter dated 9 October 1995, the applicant was retrenched by the company with three months' salary in lieu of notice. The letter reads:

Dear Stephen,

Retrenchment

Our discussion pertaining to the above refers.

We wish to advise that from the review of the operation of the company and its current and future manpower requirements, we have established that there is a need to downsize the company's operation. This is attributable to the fact that the company's business is soft and depressed and to aggravate the situation, we have lost some sizeable accounts. As a result of the review, the management regretfully wishes to inform you that your position within the company has become redundant.

In accordance with your contract of