MAKAN-LAH (M) SENDIRIAN BERHAD KAVITHA A/P SHANMUGAM

MAKAN-LAH (M) SENDIRIAN BERHAD KAVITHA A/P SHANMUGAM

The court held that because the contract did not require the employee to accept transfer and the respondent clearly refused the transfer, the refusal amounted to termination attributable to the employee under s12(3)(e) Employment Act 1955; accordingly the respondent was entitled to termination benefits under the...

Source-derived case information.

Citation
BA-16-35-08/2022 (Mahkamah Tinggi)
Parties
Appellant: MAKAN-LAH (M) SENDIRIAN BERHAD; Respondent: KAVITA A/P SHANMUGAM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2023
Case Number
BA-16-35-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Labour Office Determination (employment) / Final Judgment on Appeal to High Court
Outcome
Appeal dismissed; decision of the Assistant Director of Labour affirmed.
Legal Topics
Transfer of Employment, Refusal to Accept Transfer, Termination and Termination Benefits, Notice Entitlement
Employment / Labour Law Contract Law Statutory Interpretation Transfer of Employment Refusal to Accept Transfer Termination and Termination Benefits Notice Entitlement

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Parties

MAKAN-LAH (M) SENDIRIAN BERHAD

Appellant

KAVITA A/P SHANMUGAM

Respondent

Procedural Posture

Civil Appeal From Labour Office Determination (employment) / Final Judgment on Appeal to High Court

  1. 1 Whether an employer may unilaterally transfer an employee absent an express contractual term
  2. 2 Whether the employee's refusal to accept transfer constitutes termination under section 12(3)(e) Employment Act 1955
  3. 3 Whether respondent is entitled to termination benefits under the Employment (Termination and Lay-Off Benefits) Regulations 1980 and the quantum of such benefits

Ratio Decidendi

The court held that because the contract did not require the employee to accept transfer and the respondent clearly refused the transfer, the refusal amounted to termination attributable to the employee under s12(3)(e) Employment Act 1955; accordingly the respondent was entitled to termination benefits under the 1980 Regulations and the Assistant Director of Labour's decision awarding RM23,237.26 was correct.

Court Disposition

Appeal dismissed; decision of the Assistant Director of Labour affirmed.

Orders

  • Appeal dismissed
  • Respondent awarded termination compensation of RM23,237.26