COURT OF APPEAL (PUTRAJAYA)
YAACOB MD SAM, RAVINTHRAN PARAMAGURU AND GHAZALI CHA JJCA
RAYUAN SIVIL NO W-01(A)-567-10/2019
27 September 2022
JUDGMENT OF THE COURTINTRODUCTION
[1] This is an appeal against the decision of the High Court in quashing the award of the Industrial Court dated 18.12.2018 pursuant to a reference under section 20 of the Industrial Relations Act 1967 (IRA).
[2] The central issue in this appeal is whether the constructive dismissal of the first respondent by the first appellant was with just cause and excuse.
[3] After carefully considering parties’ written submissions and upon hearing oral submissions and the authorities cited therein, we were of the view that there are merits in the Appellants’ appeal and as such, we unanimously allowed the appeal with costs of RM15,000 subject to payment of allocator fee. In view thereof the decision and order of the High Court is set aside and the award of the Industrial Court reinstated.
[4] We now provide our reasons for the said decision.
[5] The first respondent shall be referred as the Claimant and first appellant as the Company in this appeal. The Claimant is the former country manager of the Company until the change of his position from country manager to senior principal consultant on 10.3.2016.
[6] The second and third appellants are the Company’s associated companies sharing common management.