[9] The function of the Industrial in s 20(3) representation as in the case is two-fold, that is, to determine:

(i) Firstly, whether the claimant's misconduct as alleged by the company has been established; and

(ii) Secondly, whether the proven misconduct of the claimant constitutes just cause or excuse for the dismissal.

[10] The company's counsel rightly cited the case of Wong Yuen Hock v. Syarikat Hong Leong Assurance Sdn Bhd & Another Appeal, 1995 MarsdenLR 1088 , where the Federal Court held as follows:

"On the authorities, we were of the view that the main and only function of the Industrial Court in dealing with a reference under s 20 of the Act (unless otherwise lawfully provided by the terms of the reference), is to determine whether the misconduct or irregularities complained of by the management as the grounds of dismissal were in fact committed by the workman, and if so, whether such grounds constitute just cause or excuse for the dismissal ...

... Thus, even where there was a breach of contractual or statutory obligation to hold an inquiry, the Industrial Court should proceed to determine on the merits first, whether the misconduct complained of was in fact committ