JUDGMENT

Ravinthran Paramaguru J:

Introduction

[1] This is an application by an employer ("the applicant") for an order of certiorari to quash the decision of the Industrial Court in Award No: 1209 of 2014 which was handed down on 30 October 2014. The Industrial Court had found that the dismissal of its employee ("1st respondent") was without just cause and excuse. The Industrial Court ordered the 1st respondent to be reinstated to his former position without any loss of wages and benefits and further ordered that he be paid back wages.

Background Facts

[2] The 1st respondent commenced employment with the applicant as an Account Assistant in the Sabah Branch in 1993. At the time of dismissal, he held the position of Occupational Safety Health Executive in the Sabah Branch. The 1st respondent was also active in union activities. Between 2001 and 2010, he held the post of President in the Sabah Union of Telekom Employees which is known by its acronym "SUTE". SUTE represents the employees of the applicant in Sabah. He was succeeded by his deputy, ie Hj Jamling bin Ghani (COW5) after he had become a bankrupt. The employees in Peninsular Malaysia belong to the National Union of Telekom Emplo