AWARD

The Claimant commenced employment with the Company on 26 October 1984 as a technician II. He was duly confirmed on 26 April 1985. By letter dated 4 September 1990 the Company dismissed the Claimant for theft of a wrist-watch belonging to a staff of the Company.

The Claimant alleges that he had been dismissed without just cause or excuse and/or in breach of natural justice. He further claims that his dismissal constitutes an unfair labour practice. Accordingly, he seeks for an order of reinstatement to his former position as technician II or any other alternative relief as the Court may deem fit.

The undisputed facts surrounding the alleged theft of the wrist-watch belonging to a staff of the Company are as follows:

An advisor of the Company, one Y. Shimuzu ( COW5 ) arranged to purchase a "Centurion World Wide" watch from American Express (M) Sdn. Bhd. (AMEX) by mail order. The watch, as it will be evident from the AMEX brochure, is of distinctive design with a unique 24 hour face. There is a bezel around the clock face on which is inscribed the names of 23 major world cities. By rotating the bezel, the wearer will be able to tell the time difference between the various cities. Th