JUDGMENT

Mohd Ghazali Yusoff JCA:

[1] The respondent, who was an employee of the appellant, a locally incorporated company, considered that he was dismissed by the appellant without just cause or excuse and hence made representations in writing to the Director General for Industrial Relations pursuant to the provisions of s. 20 of the Industrial Relations Act 1967 ("the Act") to be reinstated to his former employment. The representations were subsequently referred to the Industrial Court for an award. On 23 January 2001, the Industrial Court concluded that the respondent's dismissal was with just cause and excuse and hence dismissed the claim.

[2] The respondent, upon leave being granted by the High Court, applied for an order of certiorari to quash the award of the Industrial Court and for an order of mandamus to direct the Registrar of the Industrial Court to fix the matter for re-adjudication before another Chairman of the Industrial Court. At the end of the day, the learned judge of the High Court ordered that mandamus be issued directing the Registrar of the Industrial Court to fix the matter for re-adjudication before another Chairman. He did not however make any order with regards to the application for certiorari. The appellant appealed to this court.

[3] The facts showed that the appellant is the owner of a building known as Menara PanGlobal ("the building"). The respondent commenced employment with the appellant as a building supervisor on 2 February 1993. On 26 February 1997 he was transferred to the security department as a loading bay supervisor. As a loading bay supervisor, his duty included the issuing of visitor security passes ("the security passes") to persons entering the building.

[4] On 10 January 1998, the appellant issued to the respondent a show cause letter pertaining to 10 security passes which went missing the day earlier. That letter reads:

Dear Mr Nathan

Missing Of Visitors Passes - Show Cause Letter.

The above matter bears reference.

It was reported by the Safety and Security Manager, Capt ® Nazri Abdullah that on the 9th January 1998, at about 5.00 p.m. you failed to return 10 visitors passes belonging to Menara PanGlobal Sdn Bhd to Security Department upon completing your duty for the day.

The 10 visitors passes were collected by you from the morning shift ASO, Nizar Hussin at the security control room at about 9 a.m. on the same day.

The management view the above misconduct seriously as visitors passes are one of the company's security control measures and is a company's controlled item. Losing those passes is a serious misconduct as it could bring serious discredit to the company. By losing those passes, you have breach the trust given to you by the company to ensure the safety of the company's property.

You are hereby given until 10.00 a.m. on Monday, 12th January 1998 to reply to this show cause letter in your own hand writing and why disciplinary action cannot be taken against you.

The management will decide on the necessary disciplinary action should you fail to reply to this letter by the above stated date.

[5] The respondent replied by letter dated 11 January 1998 which read as follows:

Dear Madam

Missing Of Visitors Passes

With ref to your letter dated 10 Jan 98 regarding the above matter, I would like to bring to your attention that safety and security manager Capt ® Nazri Abdullah was aware and knew that the 10 passes were missing because at 1410hr he came and particularly asked for the passes. When I check in the drawer, to my shock and horror the passes were missing.

Capt Nasri immediately told me to resign and that I can't work with him.

Please understand that not for one or two days but for the past 9 months I have always kept those passes in the drawer before I go for my lunch or to the loo. It was always there.

I don't believe outsiders taking it away because those passes can't benefit them in any way.

I am still wondering what made Capt Nasri to ask for the passes at 1410hrs. H