Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fundamental breach of contract
  • 18 Jan 2024

    HADZRI BIN ABDUL HAMID MENG LIGHT ENGINEERING SDN BHD

    Citation
    PA-16-9-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-16-9-08/2023 (Mahkamah Tinggi)

    The Industrial Court correctly found on the evidence that the Respondent's delay in paying July 2021 salary did not amount to a fundamental breach going to the root of the contract; the Appellant failed to prove employer misconduct and had himself breached duties by absenting from office and failing to submit a required report; on this basis the claim of constructive dismissal fails and the High Court affirms the Industrial Court award.