3 Aug 2023
P-01(A)-403-07/2021 (Mahkamah Rayuan)
- Citation
- P-01(A)-403-07/2021 (Mahkamah Rayuan)
- Court
- A
- Case number
- P-01(A)-403-07/2021 (Mahkamah Rayuan)
On the facts the transfer/re‑designation functioned as a demotion and cumulatively breached the implied term of mutual trust and confidence; the claimant protested contemporaneously and did not affirm the contract; the Industrial Court omitted and misapplied relevant evidence (including employer's silence and unrealistic KPI/support deficiency) such that the High Court properly quashed the Award and awarded compensation; Court of Appeal dismisses bank's appeal and affirms High Court decision.