[1] This is an appeal by Sabah Forest Industries Sdn Bhd (appellant) against part of the decision of the High Court that upheld the Industrial Court's Award of compensation in lieu of reinstatement in the sum of RM159,940.00 to Richard Felin Jinivon (2nd respondent).

[2] We heard the appeal on 24 April 2014. After hearing the parties, we adjourned the matter of our consideration and decision. We now give our decision and the reasons for the same.

Relevant Facts

[3] On 2 March 2006, the 2nd respondent was dismissed from the services of the appellant. As a result, the 2nd respondent filed a representation to the Minister under s 20(1) of the Industrial Relations Act 1967 ( IRA ) for reinstatement of his position.

[4] The Minister referred the appellant's representation to the Industrial Court for an Award. On 11 December 2009, the Chairman of