Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Resignation
  • 10 Aug 2023

    MERCURY INDUSTRIES BERHAD NG POI KUAN

    Citation
    BA-16-38-11/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-16-38-11/2022 (Mahkamah Tinggi)

    The High Court found the Labour Court erred: respondent breached the employment contract by failing to give two months' notice or pay two months' salary in lieu; the respondent had, by conduct as HR and by participating in the salary-reduction process and filing Form PK, acquiesced to the salary reductions; accordingly respondent was not entitled to two months' salary, not entitled to recover salary for May and June 2022 as that related to notice obligation, and not entitled to recover the deducted amounts; appeal allowed and Labour Court decision set aside.