Mohd Nazlan Mohd Ghazali J:

Introduction

[1] This is an appeal against the decision of the Sessions Court which had dismissed the summary judgment application by the plaintiff. At the end of the hearing which was conducted via Zoom video technology, I allowed the appeal and highlighted the main grounds for my decision. This judgment contains the full reasons for the same. The parties are referred to herein as they were at the Sessions Court.

Key Background Facts

[2] The plaintiff, since her appointment on 18 October 2010, was an executive director of the first defendant company was also the second defendant company's head of Legal, HR/Admin & Corporate department. The defendants are related companies. The first defendant company is a listed entity with shares listed on Bursa Securities Malaysia Berhad. The second defendant is its subsidiary. The principal business of the group is operating in the construction, electrical and mechanical engineering, and plumbing segments.

[3] Beginning March 2018, the defendants started to fail to regularly pay the plaintiff's monthly salary and allowances. This was attributed to the defendants experiencing cash flow problems They thus decided to