On whether or not the plaintiff was guilty of gross negligence.

Court was satisfied that the cheques were stolen given that the plaintiff has on a balance of probabilities shown that he did his part more or less satisfactorily by taking the cheques to the cash office from where they went missing.  As such the plaintiff was held not guilty of gross negligence. 

It was held that the dismissal was unjust and the dismissal processes itself was flawed for he was dismissed summarily for alleged gross negligence which had not been established.  Secondly reasons for his dismissal were investigated by police who cleared him.