Loo Cheng Teck 1. ) GEORGE KENT (MALAYSIA) BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Loo Cheng Teck 1. ) GEORGE KENT (MALAYSIA) BERHAD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

On the evidence the transfer was exercised pursuant to the express contractual term (clause 22) for bona fide operational reasons to resolve workplace disharmony and did not amount to a fundamental breach; appellant failed to prove mala fides or functional demotion and thus was not constructively dismissed.

Citation
W-01(A)-333-06/2021 (Mahkamah Rayuan)
Parties
Appellant: Loo Cheng Teck; First Respondent (employer): George Kent (Malaysia) Berhad; Second Respondent (industrial Court): Mahkamah Perusahaan Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
21 February 2024
Case Number
W-01(A)-333-06/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Merits of Constructive Dismissal Appeal Arising From Judicial Review of Industrial Court Award
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Employee Transfer, Insubordination, Management Prerogative, Judicial Review
Source Language
Malay/English
Employment Law Industrial Relations Contract Law Administrative Law Constructive Dismissal Employee Transfer Insubordination Management Prerogative +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Loo Cheng Teck

Appellant

George Kent (Malaysia) Berhad

First Respondent (employer)

Mahkamah Perusahaan Malaysia

Second Respondent (industrial Court)

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Merits of Constructive Dismissal Appeal Arising From Judicial Review of Industrial Court Award

Legal Issues

  1. 1 Whether the transfer order amounted to a fundamental breach of the employment contract (constructive dismissal)
  2. 2 Whether the employer acted mala fide in issuing the transfer
  3. 3 Whether the employee waived rights by delay or failure to comply with lawful instruction

Ratio Decidendi

On the evidence the transfer was exercised pursuant to the express contractual term (clause 22) for bona fide operational reasons to resolve workplace disharmony and did not amount to a fundamental breach; appellant failed to prove mala fides or functional demotion and thus was not constructively dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of RM15000.00 to be paid by the Appellant to the First Respondent (subject to allocatur)