LABOUR LAW:Industrial court - Award - Backwages - Principles in assessing - Remuneration received from other employment after dismissal - Whether must be deducted from or set off against backwages to be awarded

The appellant was dismissed from the employ of the respondent company on 1 June 1986. The Industrial Court found for the appellant and awarded him arrears of salary (backwages) from 1 June 1986 to 11 October 1995 (last day of hearing), compensation in lieuof reinstatement of one month's salary for each year of service from 1 November 1984 (date joined) to 11 October 1995, and 20 days' wages in lieuof unutilised leave. The High Court refused the respondent's application for certioraribut the Court of Appeal allowed the respondent's appeal in part in respect of backwages. In quashing the award on backwages and remitting the matter to the Industrial Court for reassessment, the Court of Appeal held that in assessing the award for backwages the Industrial Court should have taken into account the fact that the appellant had found employment elsewhere after his dismissal. The appellant appealed to the Federal Court.

Held:

Per Steve Shim CJ (Sabah & Sarawak)

[1]Although the assessm