2 Dec 2024
Mohd Razif Bin Zainal Abidin 1. ) Perodua Sales Sdn Bhd 2. ) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- W-01(A)-478-08/2021 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-478-08/2021 (Mahkamah Rayuan)
The Court of Appeal held that where a transfer clause expressly requires transfers to be 'reasonably directed by the Company' that reasonableness is an express contractual term to be applied within the contract test for constructive dismissal; applying that test to the facts, the Company’s conduct (mandatory resignations to join NAM, abrupt 3‑day transfer notices to distant posts, failure to secure work permits, and lack of transparency about vacancies) evidenced mala fides and a repudiatory breach so the Industrial Court’s awards for constructive dismissal were reinstated and the High Court’…