Ahmad Kamal Md Shahid J:

Introduction

[1] This is the Applicant's judicial review application among others, for an order of certiorari to quash the decision of the Industrial Court, the 2nd Respondent dated 19 August 2019, which is in favour of Perusahaan Otomobil Nasional Sdn Bhd, the 1st Respondent.

[2] The Industrial Court has decided that the Applicant has failed to prove that he was constructively dismissed by the 1st Respondent and the Applicant had resigned voluntarily from the 1st Respondent. As such, the Applicant's claim was dismissed.

The Salient Facts

[3] The relevant facts in the present application are the following:

3.1. The 1st Respondent is the first national car manufacturer while the Applicant commenced employment in Proton Edar Sdn Bhd (PESB) on 9 May 2007 as General Manager - Marketing.

3.2. Pursuant to the takeover by the DRB-HICOM Berhad of PROTON Holdings Berhad as announced vide memorandum dated 17 January 2012, there was continuous restructuring of the PROTON Holdings Berhad group of companies (Group).

3.3. In line with the business requirements of the Group, vide letter dated 12 September 2012, the Applicant was transferred to the 1st Respondent from PESB