12 Nov 2019
GAN SOON HUAT 1. SANBOS (MALAYSIA) SDN BHD 2. MAHKAMAH PERUSAHAAN MALAYSIA
- Citation
- WA-25-260-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-260-06/2019 (Mahkamah Tinggi)
The High Court held the Industrial Court had jurisdiction to hear the applicant's constructive dismissal claim even though reinstatement was not claimed; the unilateral implementation of the Third Commission Scheme together with the removal of territory constituted a breach going to the root of the employment contract; the applicant's delay in leaving for about nine months was reasonably explained and did not amount to waiver; accordingly the Industrial Court's award was unlawful and irrational and was set aside and remitted for rehearing.