MOHD SHAHRIL HUSSIN v. MAASDOTS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 436 OF 2025 [CASE NO: 15-4-992-23]
25 MARCH 2025

Abstract – An employer’s unilateral and arbitrary imposition of a mutual separation agreement on an employee, without prior genuine discussion or agreement on its terms, particularly regarding compensation, may constitute a fundamental breach of the employment contract. If the employee can demonstrate that the employer’s calculate move was intended to frustrate him and damage the relationship of trust and confidence, he may be entitled to claim constructive dismissal.

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ZARINANI SHAHABUDIN v. IFIBER TELCO SDN BHD
INDUSTRIAL COURT, PENANG
JEYASEELEN T ANTHONY
AWARD NO. 442 OF 2025 [CASE NO: 18-4-187-24]
26 MARCH 2025

Abstract – Habitual failure to adhere to basic employment duties, such as punctuality, including clocking in and out, and excessive absenteeism, even within leave entitlements if deemed unreasonable for the duration of employment, may constitute serious misconduct warranting dismissal, especially when warnings are ignored and no reasonable justification is provided.