MOHAN A/L VYTHIALINGAM 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. KERETAPI TANAH MELAYU BERHAD

MOHAN A/L VYTHIALINGAM 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. KERETAPI TANAH MELAYU BERHAD

The Industrial Court correctly found that reverting Mohan from executive acting posts to his substantive non-executive role, with loss of allowance and reduced responsibilities, constituted a demotion and a breach going to the root of the contract amounting to constructive dismissal; acting status did not negate protection; the Industrial Court's assessment of compensation based on the period of the acting executive appointment was lawful and appropriate.

Citation
WA-25-177-04/2019 (Mahkamah Tinggi)
Parties
Applicant: Keretapi Tanah Melayu Berhad; Respondent: Mohan a/l Vythialingam; Respondent: Mahkamah Perusahaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 November 2019
Case Number
WA-25-177-04/2019 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Consolidated Judicial Review Judgment
Outcome
Both consolidated judicial review applications dismissed; KTMB's application dismissed with costs RM5,000; Mohan's application on quantum dismissed without costs; Industrial Court award upheld.
Legal Topics
Constructive Dismissal, Reinstatement and Compensation, Acting Appointment and Probation, Transfer and Demotion, Remedies and Costs
Source Language
Malay/English
Employment Law Industrial Relations Administrative Law Judicial Review Constructive Dismissal Reinstatement and Compensation Acting Appointment and Probation Transfer and Demotion +1 more

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Parties

Keretapi Tanah Melayu Berhad

Applicant

Mohan a/l Vythialingam

Respondent

Mahkamah Perusahaan Malaysia

Respondent

Procedural Posture

Judicial Review / Consolidated Judicial Review Judgment

Legal Issues

  1. 1 Whether the employer's transfer/demotion amounted to constructive dismissal
  2. 2 Whether an employee in an acting post/probation enjoys protection against dismissal
  3. 3 Proper basis and calculation for compensation in lieu of reinstatement and backwages

Ratio Decidendi

The Industrial Court correctly found that reverting Mohan from executive acting posts to his substantive non-executive role, with loss of allowance and reduced responsibilities, constituted a demotion and a breach going to the root of the contract amounting to constructive dismissal; acting status did not negate protection; the Industrial Court's assessment of compensation based on the period of the acting executive appointment was lawful and appropriate.

Court Disposition

Both consolidated judicial review applications dismissed; KTMB's application dismissed with costs RM5,000; Mohan's application on quantum dismissed without costs; Industrial Court award upheld.

Orders

  • Judicial review WA-25-182-04/2019 dismissed with costs of RM5,000.00
  • Judicial review WA-25-177-04/2019 dismissed without costs