[1] On 18 November 2013 the Court of Appeal dismissed the appeal by the appellant against the decision of the High Court made on 28 April 2010.

[2] The High Court had allowed the judicial review application by the respondent and caused to be issued an Order of certiorari to quash the Award made by the Industrial Court on 7 July 2008. The Industrial Court had dismissed the claim by the respondent for unjust dismissal. The High Court had also ordered that the matter be remitted to the Industrial Court for rehearing before another chairman.

[3] The appellant was dissatisfied with the decision of the Court of Appeal and sought for leave to appeal to this Court. On 25 March 2013 leave was granted on this sole question:

'Whether there has been a denial of substantive fairness and/or a denial of procedural fairness when an Industrial Court, which hears a representation of dismissal without just cause or excuse under s 20(3) of the Industrial Relations Act 1967 and allows part of the proceedings, ie cross-examination of the complainant to be heard "incamera", without the presence of the dismissed employee, but in the presence of his counsel, who had ample opportunity to and did crossexamine