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

Claimant failed to prove on balance that KTMB breached a fundamental term or evinced intention not to be bound; the acting posts were temporary with no legitimate expectation of permanency; employer entitled to revert employee to original post; therefore no constructive dismissal and Industrial Court award is quashed.

Citation
W-01(A)-684-11/2019 (Mahkamah Rayuan)
Parties
Appellant (w 01(a) 664 11/2019); Respondent (w 01(a) 684 11/2019): Keretapi Tanah Melayu Berhad; Respondent (w 01(a) 664 11/2019); Appellant (w 01(a) 684 11/2019): Mohan a/l Vythialingam; Respondent: Mahkamah Perusahaan Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
2 December 2021
Case Number
W-01(A)-684-11/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals; Judicial Review of Industrial Court Award / Court of Appeal Decision (grounds of Decision)
Outcome
Appeal allowed: KTMB's appeal allowed; Industrial Court Award No. 465/2019 quashed; Claimant's appeal on quantum dismissed
Legal Topics
Constructive Dismissal, Acting Appointment, Judicial Review of Awards, Employee Reassignment/transfer, Quantum of Compensation
Source Language
Malay/English
Employment Law Administrative Law Industrial Relations Contract Law Constructive Dismissal Acting Appointment Judicial Review of Awards Employee Reassignment/transfer +1 more

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Parties

Keretapi Tanah Melayu Berhad

Appellant (w 01(a) 664 11/2019); Respondent (w 01(a) 684 11/2019)

Mohan a/l Vythialingam

Respondent (w 01(a) 664 11/2019); Appellant (w 01(a) 684 11/2019)

Mahkamah Perusahaan Malaysia

Respondent

Procedural Posture

Civil Appeals; Judicial Review of Industrial Court Award / Court of Appeal Decision (grounds of Decision)

Legal Issues

  1. 1 Whether reassignment from temporary acting executive to original locomotive driver constituted constructive dismissal
  2. 2 Whether an acting appointment can give rise to a legitimate expectation of permanency
  3. 3 Whether employer evinced intention not to be bound by the employment contract or breached a fundamental term

Ratio Decidendi

Claimant failed to prove on balance that KTMB breached a fundamental term or evinced intention not to be bound; the acting posts were temporary with no legitimate expectation of permanency; employer entitled to revert employee to original post; therefore no constructive dismissal and Industrial Court award is quashed.

Court Disposition

Appeal allowed: KTMB's appeal allowed; Industrial Court Award No. 465/2019 quashed; Claimant's appeal on quantum dismissed

Orders

  • Quash Industrial Court Award No. 465/2019 dated 31 January 2019
  • No order as to costs