2 Dec 2021
KERETAPI TANAH MELAYU BERHAD 1. ) Mohan a/l Vythialingam 2. ) MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- W-01(A)-664-11/2019 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-664-11/2019 (Mahkamah Rayuan)
The Court held that the claimant failed to prove a fundamental breach or intention by KTMB not to be bound by the contract; acting appointments were temporary with no promise of permanency; returning the claimant to his original confirmed locomotive driver post did not constitute constructive dismissal; management has prerogative to end acting appointments; burden remained on claimant to prove the elements of constructive dismissal.