JUDGMENT

Ahmad Fairuz FCJ:

The respondent was the General Manager of the appellant's office in Penang when he was suspended by the appellant pending investigations into allegations against him. A domestic inquiry found the respondent guilty of eight of them. The appellant, however, did not dismiss the respondent. Instead, the respondent was told to report for work on a demoted rank. He protested. An exchange of correspondence ensued between respondent and appellant. In the meantime, the respondent absented himself from work for a period of 35 days. Consequently, the appellant terminated his employment with the appellant. The respondent then made representations to the Director-General of Industrial Relations. He contended that he had been dismissed without just cause or excuse. Unable to resolve the dispute, the respondent's representations were referred to the Minister who then referred the matter to the Industrial Court which held that the respondent had been dismissed without just cause or excuse. The appellant then moved the High Court at Penang for certiorari. This was granted by the court. The respondent then appealed to the Court of Appeal which allowed the appeal. Dissatisf