Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Transfer and demotion

Legal area

Court

7 Nov 2019

KERETAPI TANAH MELAYU BERHAD 1. MOHAN A/L VYTHIALINGAM 2. MAHKAMAH PERUSAHAAN MALAYSIA

Citation

WA-25-182-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-182-04/2019 (Mahkamah Tinggi)

The High Court upheld the Industrial Court’s finding that KTMB’s unilateral transfer of Mr. Mohan from an executive acting post to a non-executive permanent post without justification constituted a breach going to the root of the employment contract (constructive dismissal); acting incumbents enjoy protection and the Industrial Court’s choice to compute compensation based on the acting executive appointment period was appropriate.
7 Nov 2019

MOHAN A/L VYTHIALINGAM 1. MAHKAMAH PERUSAHAAN MALAYSIA 2. KERETAPI TANAH MELAYU BERHAD

Citation

WA-25-177-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-177-04/2019 (Mahkamah Tinggi)

The Industrial Court correctly found that reverting Mohan from executive acting posts to his substantive non-executive role, with loss of allowance and reduced responsibilities, constituted a demotion and a breach going to the root of the contract amounting to constructive dismissal; acting status did not negate protection; the Industrial Court's assessment of compensation based on the period of the acting executive appointment was lawful and appropriate.