SMT Technologies Sdn Bhd 1. ) Azbeel Singh Gill A/L Ravinder Singh 2. ) Mahkamah Perusahaan Malaysia

SMT Technologies Sdn Bhd 1. ) Azbeel Singh Gill A/L Ravinder Singh 2. ) Mahkamah Perusahaan Malaysia

The High Court held there was no error of law by the Industrial Court: the Memorandum of Agreement was not complied with, the August 2016 job description removed supervisory duties and privileges and therefore amounted to a demotion and repudiatory breach when read with changes to workstation and restricted access; the respondent’s delay in resigning was reasonable in the circumstances; the Industrial Court’s finding of constructive dismissal and award was reasonable and not amenable to certiorari, hence the judicial review application was dismissed with costs RM2,000.

Citation
KA-25-12-10/2019 (Mahkamah Tinggi)
Parties
Applicant: SMT Technologies Sdn. Bhd.; 1st Respondent: Azbeel Singh Gill a/l Ravinder Singh; 2nd Respondent: Mahkamah Perusahaan Malaysia (Industrial Court)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 December 2020
Case Number
KA-25-12-10/2019 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Judgment
Outcome
Judicial review application dismissed
Legal Topics
Constructive Dismissal, Judicial Review, Certiorari, Industrial Court Award, Natural Justice, Wednesbury Unreasonableness
Source Language
Malay/English
Administrative Law Employment Law Industrial Relations Constructive Dismissal Judicial Review Certiorari Industrial Court Award Natural Justice +1 more

Case Brief

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Parties

SMT Technologies Sdn. Bhd.

Applicant

Azbeel Singh Gill a/l Ravinder Singh

1st Respondent

Mahkamah Perusahaan Malaysia (Industrial Court)

2nd Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Industrial Court erred in law or exceeded jurisdiction in finding constructive dismissal
  2. 2 Whether changes to job description/re-designation amounted to a fundamental breach
  3. 3 Whether change of workstation/seating and restriction of access amounted to repudiatory breach

Ratio Decidendi

The High Court held there was no error of law by the Industrial Court: the Memorandum of Agreement was not complied with, the August 2016 job description removed supervisory duties and privileges and therefore amounted to a demotion and repudiatory breach when read with changes to workstation and restricted access; the respondent’s delay in resigning was reasonable in the circumstances; the Industrial Court’s finding of constructive dismissal and award was reasonable and not amenable to certiorari, hence the judicial review application was dismissed with costs RM2,000.

Court Disposition

Judicial review application dismissed

Orders

  • Application dismissed
  • Costs of RM2000 to be paid by the Applicant