Loh Pek Mee 1. ) UEM Sunrise Berhad 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Loh Pek Mee 1. ) UEM Sunrise Berhad 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

The High Court held the Industrial Court did not commit jurisdictional error or misapply the contract: clause 17.1 was considered, KPI and appraisal evidence showed opportunities to improve, the applicant failed to plead the alleged contractual breach and delayed repudiation, and therefore there was no fundamental breach justifying constructive dismissal; judicial review application was dismissed.

Citation
WA-25-99-03/2021 (Mahkamah Tinggi)
Parties
Applicant: LOH PEK MEE; 1st Respondent: UEM Sunrise Berhad; 2nd Respondent: Mahkamah Perusahaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 January 2023
Case Number
WA-25-99-03/2021 (Mahkamah Tinggi)
Procedural Posture
Judicial Review of Industrial Court Decision / High Court Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Constructive Dismissal, Probation and Extension, Performance Appraisal, Judicial Review (wednesbury Unreasonableness), Pleadings and Contract Test
Source Language
Malay/English
Employment Law Industrial Relations Administrative Law Contract Law Constructive Dismissal Probation and Extension Performance Appraisal Judicial Review (wednesbury Unreasonableness) +1 more

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Parties

LOH PEK MEE

Applicant

UEM Sunrise Berhad

1st Respondent

Mahkamah Perusahaan Malaysia

2nd Respondent

Procedural Posture

Judicial Review of Industrial Court Decision / High Court Judgment

Legal Issues

  1. 1 Whether conduct of employer amounted to fundamental breach constituting constructive dismissal
  2. 2 Whether Industrial Court erred by failing to apply clause 17.1/contract test and by committing jurisdictional error
  3. 3 Whether employer breached contractual obligation to perform appraisal and agree KPI

Ratio Decidendi

The High Court held the Industrial Court did not commit jurisdictional error or misapply the contract: clause 17.1 was considered, KPI and appraisal evidence showed opportunities to improve, the applicant failed to plead the alleged contractual breach and delayed repudiation, and therefore there was no fundamental breach justifying constructive dismissal; judicial review application was dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Application dismissed with costs of RM5,000 subject to allocatur