29 Feb 2024
K-GE RESTAURANT SDN. BHD. GERARD A/L ELIAS
- Citation
- PA-16A-8-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-16A-8-10/2023 (Mahkamah Tinggi)
The High Court affirmed the Industrial Court: the employer's non‑payment and unlawful unilateral deductions were a fundamental breach going to the root of the employment contract, entitling the employee to treat himself as constructively dismissed; delay in acting did not amount to condonation given COVID‑19 and employer assurances; reinstatement was inappropriate and the proper remedy was monetary, calculated on a final monthly salary of RM3,364 resulting in an award of RM57,524.40.