12 Nov 2019
GAN SOON HUAT 1. SANBOS (MALAYSIA) SDN BHD 2. MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- WA-25-260-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-260-06/2019 (Mahkamah Tinggi)
The High Court held that the Industrial Court retains jurisdiction even if reinstatement is not claimed; the unilateral imposition of the Third Commission Scheme and removal of territory constituted a substantial breach going to the root of the employment contract (constructive dismissal); the claimant’s continued employment for about nine months was reasonably explained and did not amount to waiver; accordingly the Industrial Court’s award was illegal and irrational and must be set aside and remitted for rehearing.