Dismissal : Misconduct - Breach of fiduciary duty - Conflict of interest - Taking portions of refunded premiums rightfully belonging to bank's customers without their knowledge - Whether claimant breached his position of trust and confidence - Whether discrepancies in domestic inquiry could be appraised in trial before Industrial Court - Whether claimant's dismissal with just cause or excuse - Whether this case requires the intervention of Industrial Court in favour of claimant

The claimant was the bank's Branch Manager in Sabah. The claimant ceased from his erstwhile service with the bank with effect from 6 September 2012. The bank, vide a show cause letter had charged the claimant with helping himself to portions of refunded premiums rightfully belonging to the bank's customers; without the knowledge of those customers. The claimant pointed to the bank's 'Garis Panduan Operasi Bil. 123' and stated that based upon that provision, he was authorised to do what he did. Being dissatisfied with the claimant's reply, the bank framed charges of serious misconduct against the claimant. As a result of the domestic inquiry ('DI') that was convened, the claimant was dismissed from service. The claimant's appeal against the decision was turned down by the bank. The claim