JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] On 22 January 2024, I allowed the appeal by the appellant, Azrell bin Mohamad, by setting aside the award of the Industrial Court which had dismissed his claim of constructive dismissal by his then employer, National Aerospace & Defence Industries Sdn Bhd The claim in the Industrial Court was made pursuant to s 20 of the Industrial Relations Act 1967 .

[2] This judgment contains the reasons for my decision. In this judgment, the appellant will be referred to as "the claimant" and his employer as "the company".

Background Facts

[3] The claimant commence employment on 19 November 2003 as Finance Manager with PJS Industries Sdn Bhd, which was the company's largest shareholder. In accordance with the clause on transfer and transferability contained in the employment contract, the claimant was transferred to the company effective 1 September 2006. In a letter dated 23 February 2011, the claimant resigned from the company and his resignation was accepted on 17 March 2011.

[4] Interestingly, the claimant was offered, vide letter dated 10 June 2013 the post of General Finance Manager on a contractual basis for the period 17 June 2013 to 3