COUNSEL & SOLICITOR:
Terence KM Chan (Bryan Goh with him)(Lim Kian Leong & Co) for the second claimant.
INDUSTRIAL COURT (KUALA LUMPUR)
DISMISSAL: Constructive dismissal – Claimants,
amongst other things, having their belongings forcibly removed from their
offices and denied access to it – Whether it had amounted to a fundamental
breach which had gone to the root of their Contracts of Employment – Factors to
consider – Evidence adduced – Effect of – Company’s defence – Whether could be
accepted – Whether it had justified the claimants walking out of their
employment and claiming constructive dismissal.
EVIDENCE: Documentary evidence – Whether the claimants had been
Employees of the Company – Factors to consider – Evidence adduced – Effect of –
Whether they had been dismissed by it.