KERETAPI TANAH MELAYU BERHAD 1. ) Mohan a/l Vythialingam 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

KERETAPI TANAH MELAYU BERHAD 1. ) Mohan a/l Vythialingam 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

The Court held that the claimant failed to prove a fundamental breach or intention by KTMB not to be bound by the contract; acting appointments were temporary with no promise of permanency; returning the claimant to his original confirmed locomotive driver post did not constitute constructive dismissal; management has prerogative to end acting appointments; burden remained on claimant to prove the elements of constructive dismissal.

Citation
W-01(A)-664-11/2019 (Mahkamah Rayuan)
Parties
Appellant: Keretapi Tanah Melayu Berhad; Respondent: Mohan a/l Vythialingam; Respondent: Mahkamah Perusahaan Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
2 December 2021
Case Number
W-01(A)-664-11/2019 (Mahkamah Rayuan)
Procedural Posture
Judicial Review of Industrial Court Award; Appeals to Court of Appeal / Court of Appeal Decision (appeal Allowed; Award Quashed)
Outcome
Appeal allowed in favour of KTMB; Industrial Court Award No. 465/2019 quashed; claimant's appeal on quantum dismissed; no order as to costs.
Legal Topics
Constructive Dismissal, Acting Appointment, Transfer/reassignment, Judicial Review, Compensation/reinstatement
Source Language
Malay/English
Employment Law Industrial Relations Administrative Law Contract Law Constructive Dismissal Acting Appointment Transfer/reassignment Judicial Review +1 more

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Parties

Keretapi Tanah Melayu Berhad

Appellant

Mohan a/l Vythialingam

Respondent

Mahkamah Perusahaan Malaysia

Respondent

Procedural Posture

Judicial Review of Industrial Court Award; Appeals to Court of Appeal / Court of Appeal Decision (appeal Allowed; Award Quashed)

Legal Issues

  1. 1 Whether reassignment from acting executive to original locomotive driver post amounted to breach of a fundamental term and constructive dismissal
  2. 2 Whether an acting appointment can create an expectation of permanency
  3. 3 Whether employer must provide judicially acceptable justification to end an acting appointment

Ratio Decidendi

The Court held that the claimant failed to prove a fundamental breach or intention by KTMB not to be bound by the contract; acting appointments were temporary with no promise of permanency; returning the claimant to his original confirmed locomotive driver post did not constitute constructive dismissal; management has prerogative to end acting appointments; burden remained on claimant to prove the elements of constructive dismissal.

Court Disposition

Appeal allowed in favour of KTMB; Industrial Court Award No. 465/2019 quashed; claimant's appeal on quantum dismissed; no order as to costs.

Orders

  • Allow Keretapi Tanah Melayu Berhad's appeal
  • Quash Industrial Court Award No. 465/2019 dated 31 January 2019