Raus Sharif PCA (delivering judgment of the court):

INTRODUCTION

This is an appeal by the appellant against the decision of the Court of Appeal given on 10 February 2012 in allowing the respondent’s appeal against the decision of the High Court. The High Court had earlier on 31 March 2009 dismissed the respondent’s application for judicial review to quash the Industrial Court’s Award No 154 of 2006 dated 5 January 2006.

On 22 October 2012, the Federal Court granted the appellant leave to appeal on the following questions of law, namely:

(a)whether the Industrial Court has the jurisdiction to decide that the dismissal of the appellant was without just cause or excuse by using the doctrine of proportionality of punishment and/or that the punishment of dismissal was too harsh in the circumstances, when handing down an award under s 20(3)Industrial Relations Act 1967

(b)further and/or in the alternative, whether the Industrial Court in exercising its functions as stated in the paragraph above can rely to its powers under s 30(5)Industrial Relations Act 1967

BACKGROUND FACTS

This is a case where the appellant, an employee of the respondent, after a domestic inquiry was dismissed from his emplo