Low Hop Bing J:

Issue

The applicant ("employer") by way of a notice of motion in encl. (11) is applying for an order of certiorari to quash Industrial Court Award No. 32 of 1993 handed down on 5 February 1993 ("the award"). The sole issue before me, as was before the Industrial Court, is whether the respondent ("employee") has been dismissed "without just cause or excuse" by the employer.

Facts

The employee joined the employer on 5 January 1985 as an assistant security manager. On 13 August 1987, the employer constituted a board of domestic inquiry to conduct an inquiry against the employee. At the inquiry, four charges were preferred against the employee. The gravamen of these four charges are as follows:

1. Absence without approval of leave from 1 July 1987 to 20 July 1987

2. Declaring false attendance and misleading the management of his duties and responsibilities;

3. Inability to perform the job of an assistant security manager by failing to observe company rules and regulations on staff punctuality and movements; and

4. Habitual lateness from 21 July 1987 to 31 July 1987 and on 10 August 1987.

At the inquiry, the employee was given full opportunity to conduct h