NG TECK FAY 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. SYARIKAT TAKAFUL MALAYSIA BERHAD

NG TECK FAY 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. SYARIKAT TAKAFUL MALAYSIA BERHAD

The Court held that the employer's unilateral re-grading and demotion of the appellant amounted to a breach of a fundamental term of his employment contract constituting constructive dismissal; the Industrial Court and High Court erred by failing to consider material evidence and by giving undue weight to irrelevant factors, therefore the Industrial Court award was quashed and the matter remitted for rehearing with orders for certiorari, mandamus and costs.

Citation
W-01(A)-690-12/2019 (Mahkamah Rayuan)
Parties
Appellant: Ng Teck Fay; Respondent (first): Mahkamah Perusahaan Malaysia; Respondent (second): Syarikat Takaful Malaysia Berhad
Court
A
Jurisdiction
Malaysia
Judgment Date
21 April 2021
Case Number
W-01(A)-690-12/2019 (Mahkamah Rayuan)
Procedural Posture
Judicial Review of Industrial Court Award (civil) / Appeal to Court of Appeal (final Disposition)
Outcome
Appeal allowed
Legal Topics
Constructive Dismissal, Judicial Review, Regrading/demotion, Certiorari, Mandamus, Costs
Source Language
Malay/English
Employment Law Administrative Law Industrial Relations Constructive Dismissal Judicial Review Regrading/demotion Certiorari Mandamus +1 more

Case Brief

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Parties

Ng Teck Fay

Appellant

Mahkamah Perusahaan Malaysia

Respondent (first)

Syarikat Takaful Malaysia Berhad

Respondent (second)

Procedural Posture

Judicial Review of Industrial Court Award (civil) / Appeal to Court of Appeal (final Disposition)

Legal Issues

  1. 1 Whether the employer's unilateral re-grading/demotion amounted to a breach of a fundamental term of employment entitling constructive dismissal
  2. 2 Whether the Industrial Court and High Court erred by taking irrelevant matters into account and failing to consider material evidence
  3. 3 Whether the appellant waived the breach by apparent acceptance and delay

Ratio Decidendi

The Court held that the employer's unilateral re-grading and demotion of the appellant amounted to a breach of a fundamental term of his employment contract constituting constructive dismissal; the Industrial Court and High Court erred by failing to consider material evidence and by giving undue weight to irrelevant factors, therefore the Industrial Court award was quashed and the matter remitted for rehearing with orders for certiorari, mandamus and costs.

Court Disposition

Appeal allowed

Orders

  • 2nd Respondent to pay costs of RM15000 to the Appellant (costs here and below)
  • Certiorari issued quashing Industrial Court Award No. 3106 of 2018 dated 3/12/2018 in Kes Mahkamah Perusahaan Malaysia No. 5/4-1111/2015