JUDGMENT

Lee Swee Seng JCA:

[1] The pivotal issue in this appeal is whether the Industrial Court was right in rejecting the ground of dismissal which was not stated in the notice to show cause issued to a workman and thus not relied on in the notice of dismissal of the workman. May a Company justify the dismissal of the workman on a ground raised for the first time at the Industrial Court and not raised before in the notice to show cause and in the Domestic Inquiry as well as in the notice of dismissal of the workman?

[2] No evidence was thus adduced by the Company against the workman at the Domestic Inquiry held by the Company with respect to the status of the workman's postgraduate degree.

[3] The evidence before the Domestic Inquiry was on the various actions of the workman said to be the misconducts of undermining the authority of a director of the Company, unethical behaviour, humiliating the tea lady and bad-mouthing the academic staff.

[4] Suffice to say that the Domestic Inquiry found the charges proved and the workman was dismissed from employment on 5 February 2015.

Before The Industrial Court

[5] The workman referred her dismissal to the Industrial Court as the claimant there.

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