CASE HIGHTLIGHTS

TAN CHEANG HIN v. PRESTIGE SCUBA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1070 OF 2022 [CASE NO: 22/4-2757/20]
8 JUNE 2022

CONTRACT OF EMPLOYMENT: Terms and conditions – Resignation – Whether the claimant had voluntarily resigned – Factors to consider – Evidence adduced – Effect of

DISMISSAL: Constructive dismissal – Humiliation – Claimant made to sit outside in the lounge and not given any work to do – Reasons given by the company – Whether acceptable – What the company’s actions had shown – Whether proven by him successfully – Whether his constructive dismissal claim ought to be allowed

DISMISSAL: Constructive dismissal – Salary – Claimant’s salary reduced during MCO despite the Government’s directive – Whether it had constituted a fundamental breach of the contract of employment – Factors to consider – Evidence adduced – Effect of – Company’s explanations – Whether acceptable – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Scope of employment – Whether the claimant had been made to work beyond his scope of employment – Factors to consider – Evidence adduced – Evaluation of – Effect of – Position held by the claimant as against what he had been asked to do – Effect of – Company’s explanations – Whether acceptable – Whether it had amounted to a fundamental breach of the contract of employment – Whether it had justified him walking out of his employment and claiming constructive dismissal

INDUSTRIAL COURT: Procedure – Action – Non-payment of salary and commissions adjudicated at Labour Court – Whether the matter had been res judicata at the Industrial Court – Factors to consider – Evidence adduced – Effect of


LIM WIN KHANG v. MALAYSIA AIRLINES BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 1131 OF 2022 [CASE NO: 4(19)/4-1031/20]
14 JUNE 2022

DISMISSAL: Abandonment – Claimant hired as a Pilot but unable to perform during his training sessions due to severe depression – His training sessions discontinued and his position changed to Flight Despatcher – Whether it had justified him walking out and claiming constructive dismissal – Factors to consider – Evidence adduced – Effect of – Whether he had acted hastily – Company offering him alternative positions to match his skill set – Effect of – Whether it had indicated an intention not to be bound by the contract of employment – Whether by walking out, he had effectively abandoned his employment with the company

DISMISSAL: Constructive dismissal – Claimant’s training sessions as a Pilot discontinued – Reasons for the same – Claimant suffering from depression, even before taking the job with the company but failing to disclose it – What the company could have done as against what it had actually done – What the company’s actions toward him had shown – Whether it had acted in bad faith towards him – Whether the discontinuance of his training sessions had been a fundamental breach of his employment contract – Factors to consider – Evidence adduced – Effect of – Whether it had justified him walking out and claiming constructive dismissal – Whether dismissal without just cause and excuse

DISMISSAL: Constructive dismissal – Job scope – Claimant’s job designation changed from Pilot to Flight Despatcher – Reasons for the same – Whether the claimant had possessed the required skill set – Whether he had been humiliated by COW1, thus causing him severe depression – Whether it had justified him walking out and claiming constructive dismissal – Factors to consider – Evidence adduced – Effect of – What he should have done instead – Company’s actions towards him – What it had shown – Whether it had amounted to a fundamental breach of his contract of employment – Whether it had justified him walking out claiming constructive dismissal

INDUSTRIAL COURT: Jurisdiction – Claimant’s testimony in Court mentioning three different dates re his constructive dismissal – Whether there had been lack of clarity on when he had been constructively dismissed