Judicial review allows scrutiny of findings by inferior tribunals for relevance and proper consideration of evidence, reinforcing the binding nature of pleadings in the Industrial Court.

[1] This is an appeal filed by the appellant against the decision of the Court of Appeal on 17 September 2008 which upheld the decision of the High Court in quashing the award of the Industrial Court dated 29 September 2001.

Background Facts

[2] The relevant facts are as follows The appellant commenced employment with Hotel Excelsior (M) Sdn Bhd ("the respondent") on 28 September 1983 as a junior receptionist. On 27 August 1984, she was promoted as a senior receptionist and subsequently as Front Office Executive with effect from 16 May 1991.

[3] On 1 March 1997, the appellant was transferred to the Food & Beverage (F&B) Department as an executive. The appellant protested to the transfer on the ground that she had no experience or knowledge of food and beverage. However, she reported for duty under protest.

[4] By a letter dated 11 March 1997, the respondent issued a job specification to the appellant which include inter alia, the following:-

You are to ensure that you and your staff are well groomed before reporting for duty. Personal grooming is of utmost importance and all staff should be in well-dressed attire.

[5] Another letter was issued on 12 March 1997 to the appellant requiring her to wear uniform, and, for that purpose, the respondent gave her two skirts, one jacket and one white blouse. The appellant protested to being the only executive required to wear a uniform.

[6] On 21 March 1997, the respondent provided the appellant a bow-tie to be worn as part of her uniform. Again the appellant raised the fact that she was the only executive being made to wear a uniform and a bow-tie.

[7] On 17 August 1997, the appellant was suspended pending a Domestic Inquiry into five charges levelled against her. The five charges read as follows:-

Charge No 1

That you between 6 August 1997 and 10 August 1997 in total defiance of the instructions and a warning issued on 20 March 1997 by your Superior, Mr Vincent Nonis, you refused to wear the attire namely a collared white shirt and bow-tie.

Charge No 2

That you on the dates and times shown in annexure (see enclosed annexure) did wilfully and without lawful excuse habitually reported late for work at Hotel Excelsior in spite of numerous warnings issued to you.

Charge No 3

That you on the following dates and times as set in the annexure (see enclosed annexure) conveniently procured and obtained medical leaves on several occasions which occasions were immediately following day-off, annual leave or public holidays

Charge No 4

That you on the following dates and times set out in the annexure (see enclosed annexure) failed to submit your medical chits of the medical practitioners promptly to your immediate superior as was required of you on the said occasions you took medical leave.

Charge No 5

That you on the following dates and times as set out in the annexure (see enclosed annexure) have failed to inform your immediate Superior promptly that you have taken medical leave so as to enable your immediate Superior to make alternative arrangements for the smooth operation of business at the Dulang Coffee House, Hotel Excelsior

[8] One of the charges ie, Charge No 3 was subsequently dropped. However, she was found guilty of the four remaining charges and consequently she was dismissed with effect from 28 August 1997.

[9] The dismissal was referred to the Industrial Court which found that the appellant had been dismissed without just cause or excuse. The respondent was ordered to pay backwages i