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.