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1995 MarsdenLR 1088

FEDERAL COURT KUALA LUMPUR
WONG YUEN HOCK – Appellant
Versus
SYARIKAT HONG LEONG ASSURANCE SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:B Lobo ,Respondent Advocate: N Sivabalah

JUDGMENT

Mohd Azmi Kamaruddin FCJ:

42

[1] On a reference by the Minister under s 20(3) of the Industrial Relations Act 1967, the Industrial Court by its Award No: 305/90 dated 15 November 1990 found Wong Yuen Hock, an insurance claims manager of twelve years standing in the employment of Hong Leong Assurance Sdn Bhd had been dismissed without just cause or excuse on the sole ground of the failure of the employer to hold a domestic inquiry as required under the terms of Wong's contract of employment. In lieu of reinstatement the Court had awarded him compensation but the quantum was limited to one year's salary, totalling RM43,200 by reason of his contributory act of misconduct. By separate originating motion, both the employer and employee applied to have the award quashed by certiorari. Hong Leong was aggrieved by the whole award, whilst Wong was dissatisfied with that part of the award which had reduced the compensation to one year's salary. The two related appeals arose from the decision of Abu Mansor, in dismissing both the applications. At both Counsels' request, we agreed to hear Wong's appeal first. After hearing submissions, we upheld the learned Judge's order of dismissal of

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