TAN POH YEE v. CAIRNHILL HOTEL (M) SDN BHD (Consolidated With Case No. 28(6)/4-1141/16 By Court Order Vide Interim Award No. 1780 Of 2017 Dated 12 December 2017) [2019] 3 ILR 549


Terence KM Chan (Bryan Goh with him)(Lim Kian Leong & Co) for the second claimant.  


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.