JUDGMENT

Evrol Mariette Peters JCA:

Introduction

[1] This was an appeal against the decision of the High Court at Kuala Lumpur, which allowed the Respondent-Company's appeal and set aside the award of the Industrial Court.

The Factual Background

[2] The Appellant was employed by the Respondent from 1 January 1984 and rose to the position of Senior Manager-Techno Commercial Sales (Industrial), earning a monthly salary of MYR13,335.00 plus allowances, before being dismissed in January 2022.

[3] Sometime in 2021, the Respondent decided to close its Port Tech Tower (PTT) office and relocate to Bukit Raja. A committee was formed to manage the relocation, and communications were circulated regarding the removal of office items during the relocation.

[4] After the PTT office was handed back to the landlord on 7 December 2021, the Respondent discovered that two chairs and two projectors were missing. CCTV footage showed the Appellant removing these items from the PTT office. The Appellant admitted taking the chairs and explained that he had taken the projectors during the relocation process, with the items kept in his car and later placed at the Bukit Raja office.