Malaysia Case Law: Decisions & Judgments

Topic

Constructive dismissal

Legal area

Court

30 Dec 2025

1. ) SYAIFUL RIZAL ABDUL GHANI 2. ) MOHD MUKHTI ABD RAHMAN 3. ) MOHAMAD GHAZALI BIN ZAINAL ABIDIN 4. ) KHAIRUL NA'IM BIN ARIPAN @ ARIFIN 5. ) MUHAMAD JOHARY BIN ABDUL JALIL 1. ) YAYASAN BANK RAKYAT 2. ) BANK KERJASAMA RAKYAT MALAYSIA BERHAD

Citation

WA-23NCvC-37-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-37-06/2025 (Mahkamah Tinggi)

The court struck out the Plaintiffs’ civil claim because it was plain and obviously unsustainable: the complaints concern employment dismissals that must be pursued at the Industrial Court; the Plaintiffs lack locus standi to challenge the 2nd Defendant’s exercise of powers under the Trust Deed; and the alleged torts are merely ancillary to the dismissal claims and thus unsustainable in civil court.
23 Dec 2025

TSUNG FOONG CHEONG @ MARGARET 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) AXIATA GROUP BERHAD

Citation

WA-25-377-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-377-11/2023 (Mahkamah Tinggi)

The High Court held that the Industrial Court's findings were supported by evidence and not perverse or irrational: the 2018 appraisal was conducted bona fide within the employer's three‑stage process, there was no demotion or ousting as tasks fell within the contractual scope, the applicant accepted an alternative KPI arrangement or prematurely resigned, and WFH was a discretionary privilege; therefore the contract test for constructive dismissal was not satisfied and judicial review was dismissed.
9 Dec 2025

SAPURA BINTI MOHD NOH 1. ) SENTOSA MEDICAL CENTRE SDN. BHD. 2. ) KPJ HEALTHCARE BERHAD

Citation

WA-12BNCvC-59-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-59-06/2025 (Mahkamah Tinggi)

The appeal is dismissed because constitutional claims cannot be maintained against private employers and the mandatory vaccination policy was a reasonable, contractually permissible measure in the 2021 pandemic context; constructive dismissal remedies lie with the Industrial Court.
1 Dec 2025

AMINI RAMLI & CO FARAH DIYANAH BINTI MUSTAFFA

Citation

BA-16-17-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-17-03/2025 (Mahkamah Tinggi)

The High Court upheld the KPTR finding that the appellant's conduct — failing to reply to the respondent's status enquiry and instructing her not to return — constituted dismissal without notice; the fixed-term contract argument did not negate the respondent's entitlement to wages in lieu, so the appeal is dismissed.
21 Nov 2025

NATASHA BEVERLY DENTAL SDN. BHD DR. JOYCE FONG NI TIENG

Citation

WA-A72NCvC-5201-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-5201-08/2023 (Mahkamah Majistret)

Court found plaintiff breached the implied fundamental term to maintain trust and confidence through conduct of its representative (SP1), that breach entitled defendant to treat the contract as terminated (constructive dismissal), that plaintiff waived/consented to early release such that it was estopped from claiming RM88,000, and that the share purchase was induced by undue influence entitling defendant to rescission and recovery of RM17,500; defendant was entitled to commission RM5,604.08 but not salary RM5,250.00 which was finally adjudicated elsewhere.
21 Nov 2025

NATASHA BEVERLY DENTAL SDN. BHD DR. JOYCE FONG NI TIENG

Citation

WA-A72NCvC-5201-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-5201-08/2023 (Mahkamah Majistret)

Court found plaintiff through its representative (SP1) breached the implied fundamental term to preserve trust and confidence, permitting defendant to terminate employment by constructive dismissal; late commission payments were not a fundamental breach; plaintiff waived/was estopped from claiming liquidated damages by accepting early release/notice arrangements via its managing director; consequence: plaintiff's claim for RM88,000 dismissed and defendant's counterclaim allowed in part (repayment for shares and unpaid commission awarded; salary claim barred by earlier proceedings).
28 Oct 2025

KWP ENGINEERING & INDUSTRIAL SUPPLY SDN BHD LIN SOUT SON

Citation

BA-16-22-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-22-05/2024 (Mahkamah Tinggi)

The court upheld the DGM: the employer's failure to pay a portion of salary for January and February 2024 and the unilateral withholding of petrol allowance and commission were fundamental breaches of the employment contract going to its root, satisfying the contract test for constructive dismissal; accordingly the Respondent was dismissed constructively and entitled to the termination benefits and arrears awarded by the DGM.
29 Sept 2025

MMC ENGINEERING GROUP BERHAD MD GHAZALI BIN ALI

Citation

J-01(A)-68-01/2024 (Mahkamah Rayuan)
Court

A
Case number

J-01(A)-68-01/2024 (Mahkamah Rayuan)

The Court of Appeal upheld the High Court: the Industrial Court’s Award was unreasonable and perverse because it failed to consider material facts (the Commitment Declaration was a draft, HR and deputy project management were involved, no staff signed, and no concrete damage was proved), failed to consider proportionality and available alternatives, and the employer’s decision was tainted by procedural impropriety (conflict/bias involving the COO). The respondent acted bona fide and dismissal was disproportionate; the High Court’s quashing of the Industrial Court Award and direction to remit…
16 Jul 2025

SEN WEN HAN 1. ) SS REFORM MARKETING SDN BHD 2. ) MAHKAMAH PERUSAHAAN MALAYSIA

Citation

AA-25-1-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-25-1-01/2024 (Mahkamah Tinggi)

Applicants failed to demonstrate a proximate causal link between alleged employer breaches and their resignations, delayed and inconsistent conduct indicated affirmation or afterthought, and they failed to provide contemporaneous or documentary proof of attendance, receipt of resignation or unpaid allowances; accordingly the Industrial Court did not err in dismissing the claims and the judicial review applications are dismissed.
25 Mar 2025

1. ) AFFIRM PLUS PROPERTIES SDN. BHD. 2. ) APPILIATE SDN BHD JEROME LIM MING CHIEH

Citation

WA-A72NCvC-9196-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-9196-12/2023 (Mahkamah Majistret)

The court held that the claim is contractual and within the Magistrate's Court jurisdiction because no reinstatement was sought; the Defendant expressly assented to Clause 3(b) and failed to serve notice or pay in lieu, constituting breach entitling Plaintiffs to RM12,000; the Plaintiffs failed to prove the laptop damage occurred while the device was in the Defendant's possession, so the RM1,250 claim fails under the Evidence Act burden of proof.