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2019 MarsdenLR 471
HIGH COURT MALAYA KUALA LUMPUR
KERETAPI TANAH MELAYU BERHAD – Appellant
Versus
MOHAN VYTHIALINGAM & ANOR – Respondent
[Judicial Review Application No: WA-25-182-04/2019]
Constructive dismissal occurs when an employee resigns due to a significant breach of contract by the employer, affecting the contract's foundation.
Headnote:The court considered two consolidated judicial review applications concerning constructive dismissal claims. The first application challenged the Industrial Court's ruling regarding the constructive dismissal and compensation awarded to an employee. The court found that the lower court justifiably concluded that a breach of contract occurred, warranting the original decision. Key issues included the nature of reassigned employment roles and constructive dismissal criteria as outlined in various precedents. The court ultimately dismissed both applications confirming the Industrial Court's decisions.
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| 1. introduction and facts of the case regarding the judicial review applications. (Para 1) |
[1] There are two judicial review applications which were consolidated and heard together in this court. The Judicial Review Application No WA-25-182-04/2019 was filed by Keretapi Tanah Melayu Berhad ('KTMB'), inter alia, for an order of certiorari to quash the decision of the Industrial court in deciding that Mr Mohan a/l Vythialingam ('Mr Mohan') was constructively dismissed an awarded backwages and compensation in lieu of reinstatement. The other one is the Judicial Review Application No WA-25-177-04/2019 filed by Mr Mohan in respect of the quantum of compensation awarded by the Industrial court.
