JUDGMENT

Richard Malanjum JCA:

Introduction

This is an appeal against the decision of the High Court made on 29 December 1997 granting an order of certiorarito the respondent thereby quashing the award of the Industrial Court given to the appellant on 16 June 1993.

Briefly it was the finding of the Industrial Court that the dismissal of the appellant as the General Manager of the respondent on 12 February 1988 was without just cause in that the dismissal was 'an injustice' and that the domestic inquiry held to consider the charges against the appellant was biased. The appellant was therefore awarded backwages by way of compensation in lieuof reinstatement videAward No. 179 of 1993.

In quashing the award the High Court came to the conclusion that it was perverse and irrational. Indeed the learned judge was of the view that the crucial findings of the Industrial Court were clearly unreasonable and irrational in that no reasonable tribunal in similar circumstances could have come to such conclusions.

Background Facts

It is not in dispute that the appellant began working for the respondent in 1977 when he was a management trainee. In 1980 he was appointed the Operations Manager. Subseq