P-01(A)-403-07/2021 (Mahkamah Rayuan)

P-01(A)-403-07/2021 (Mahkamah Rayuan)

On the facts the transfer/re‑designation functioned as a demotion and cumulatively breached the implied term of mutual trust and confidence; the claimant protested contemporaneously and did not affirm the contract; the Industrial Court omitted and misapplied relevant evidence (including employer's silence and unrealistic KPI/support deficiency) such that the High Court properly quashed the Award and awarded compensation; Court of Appeal dismisses bank's appeal and affirms High Court decision.

Citation
P-01(A)-403-07/2021 (Mahkamah Rayuan)
Parties
Appellant: CIMB Bank Berhad; First Respondent / Claimant: Ahmad Suhairi bin Mat Ali; Second Respondent: Mahkamah Perusahaan Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
3 August 2023
Case Number
P-01(A)-403-07/2021 (Mahkamah Rayuan)
Procedural Posture
Appeal From High Court Judicial Review of Industrial Court Award / Court of Appeal Judgment (final Appellate Disposition)
Outcome
Appeal dismissed. High Court order quashing Industrial Court Award and awarding compensation to claimant is upheld.
Legal Topics
Constructive Dismissal, Transfer and Re‑designation, Mutual Trust and Confidence, Delay and Acquiescence, Procedural Impropriety in Tribunal Decisions
Source Language
Malay/English
Employment Law Industrial Relations Administrative Law (judicial Review) Constructive Dismissal Transfer and Re‑designation Mutual Trust and Confidence Delay and Acquiescence Procedural Impropriety in Tribunal Decisions

Case Brief

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Parties

CIMB Bank Berhad

Appellant

Ahmad Suhairi bin Mat Ali

First Respondent / Claimant

Mahkamah Perusahaan Malaysia

Second Respondent

Procedural Posture

Appeal From High Court Judicial Review of Industrial Court Award / Court of Appeal Judgment (final Appellate Disposition)

Legal Issues

  1. 1 Whether the employer's transfer/re‑designation constituted a repudiatory fundamental breach amounting to constructive dismissal
  2. 2 Whether the claimant timely elected to treat the contract as repudiated or affirmed it by delay/acquiescence
  3. 3 Whether the Industrial Court erred in law and fact by failing to consider material evidence (including claimant's protests and employer's silence)

Ratio Decidendi

On the facts the transfer/re‑designation functioned as a demotion and cumulatively breached the implied term of mutual trust and confidence; the claimant protested contemporaneously and did not affirm the contract; the Industrial Court omitted and misapplied relevant evidence (including employer's silence and unrealistic KPI/support deficiency) such that the High Court properly quashed the Award and awarded compensation; Court of Appeal dismisses bank's appeal and affirms High Court decision.

Court Disposition

Appeal dismissed. High Court order quashing Industrial Court Award and awarding compensation to claimant is upheld.

Orders

  • Appeal dismissed with costs to the first respondent in the sum of RM10,000.00 (subject to allocator)
  • High Court order quashing Industrial Court Award No.1618 of 2019 is affirmed