JUDGMENT

Siti Norma Yaakob FCJ:

[1] Proceedings were first commenced by the appellant in the Industrial Court, where he claimed that he had been wrongly dismissed by his employer, the respondent, without just cause or excuse.

[2] The appellant had worked for the respondent since early 1977, as a Management Trainee and on 27 October 1987, whilst he held the position as its General Manager, he was suspended from his duties pending a domestic inquiry into allegations of gross negligence and misconduct.

[3] At the domestic inquiry that was conducted on 5 January 1988, the appellant had to answer to two charges of gross negligence and the acts complained of relate to:

(1) your endorsement in a deed of assignment dated 20th December, 1985, and executed by Sa-Mula Jadi Sdn. Bhd. in favour of Arab Malaysian Finance Bhd. in respect of SG-001. In the endorsement you stated that the whole of the purchase price of RM2,722,500.00 payable by Sa-Mula Jadi had been paid in full on that date when in fact this was not the case.

(2) your endorsement in a deed of assignment dated 25th April, 1986, and executed by Sa-Mula Jadi Sdn. Bhd. in favour of Asia Commercial Finance (M) Bhd in relation to Baseme