MUHD HAZIZI ISMAIL lwn. HBI ENTERPRISE
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
MOHD ZULBAHRIN ZAINUDDIN
AWARD NO. 1368 TAHUN 2022 [NO. KES: 2/4-1062/21]
6 JULY 2022

PEMBUANGAN KERJA: Hak meninggalkan – Sama ada YM telah meninggalkan perkhidmatan beliau dengan pihak syarikat melalui kegagalannya menjalankan ujian saringan Covid-19 – Faktor-faktor yang harus diambil kira – Keterangan yang dikemukakan – Penilaiannya – Kesannya – Sebab mengapa beliau gagal menjalankan ujian saringan tersebut – Sama ada dapat diterima – Kelakuan dan tindakan YM – Apa ianya menunjukkan – Kesannya – Sama ada beliau telah meninggalkan perkhidmatan beliau dengan pihak syarikat – Sama ada syarikat wajib membayar bagi ujian saringan beliau – Kesannya – Sama ada pembuangan kerja YM telah dilakukan secara adil dan bersebab

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M KOHMALA LAXMI MANICKAVASAGAR v. PROMETRIC TECHNOLOGY SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 1490 OF 2022 [CASE NO: 4/4-18/21]
18 JULY 2022

DISMISSAL: Constructive dismissal – Indefinite and prolonged unpaid leave – Claimant placed on extension upon extension of unpaid leave – Whether it had been justified – Whether it had been done with her consent and agreement – Factors to consider – Evidence adduced – Effect of – Whether it had been imposed by the company unilaterally and had amounted to a breach of the fundamental terms of her contract of employment – The company’s actions thereafter – What it had shown – Whether the claimant had been victimised and mistreated – Whether her constructive dismissal claim ought to be allowed

DISMISSAL: Constructive dismissal – Salary – Claimant’s salary remaining unpaid indefinitely – Whether it had constituted a fundamental breach of her contract of employment – Factors to consider – Evidence adduced – Effect of – Company’s justifications – Whether acceptable – Whether she had acted soon after the breach – Whether it had justified the claimant walking out of her employment and claiming constructive dismissal

Award	Parties	Citation	Links
	Ezaky Mulya Sapawi v. Dato' Sri Nadzri Siron & Ors [Civil Appeal No: B-01(A)-449-09-2020]	[2022] 4 ILR 1
	Ng Boon Leh v. Malaysian-American Commission On Educational Exchange (MACEE) & Anor And Another Case [Judicial Review Nos: WA-25-145-05-2020 & WA-25-3-01-2021]	[2022] 4 ILR 26
1315/2022	Intan Suraiya Hashim v. Concrete Engineering Products Berhad [Case No: 19/4-2321/20]	[2022] 4 ILR 43
1368/2022	Muhd Hazizi Ismail lwn. HBI Enterprise [No. Kes: 2/4-1062/21]	[2022] 4 ILR 63
1472/2022	Kathiravan Arumugam v. Carrier International Sdn Bhd [Case No: 6(22)/4-2982/20]	[2022] 4 ILR 70
1490/2022	M Kohmala Laxmi Manickavasagar v. Prometric Technology Sdn Bhd [Case No: 4/4-18/21]	[2022] 4 ILR 91
1676/2022	Loy Sai Heng lwn. Bayu Bumimas Sdn Bhd [No. Kes: 1/1-2873/21]	[2022] 4 ILR 111
1682/2022	Usha Nandini Tangamuthu v. Nationgate Solution (M) Sdn Bhd [Case No: 18/4-619/20]	[2022] 4 ILR 115
1737/2022	Kalithas Sethabaram lwn. YWF Enterprise [No. Kes: 10/4-1023/21]	[2022] 4 ILR 148

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