28 Oct 2025
KWP ENGINEERING & INDUSTRIAL SUPPLY SDN BHD LIN SOUT SON
- Citation
- BA-16-22-05/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-16-22-05/2024 (Mahkamah Tinggi)
The court upheld the DGM: the employer's failure to pay a portion of salary for January and February 2024 and the unilateral withholding of petrol allowance and commission were fundamental breaches of the employment contract going to its root, satisfying the contract test for constructive dismissal; accordingly the Respondent was dismissed constructively and entitled to the termination benefits and arrears awarded by the DGM.