In constructive dismissal claims, the burden of proof lies with the Claimant to establish dismissal by the employer; failure to prove just cause results in dismissal of the claim.

Amrik Singh:

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (the Act) arising out of the dismissal of Nurul Ain Binti Kamal Luddin (hereinafter referred to as "the Claimant') by Citigroup Transaction Services (M) Sdn Bhd (hereinafter referred to as "the Company") on 17 September 2021.

[2] The parties in this dispute have filed their respective written submissions and bundle of authorities in support of their stance which this Court has perused each raised issues within the submissions and has further examined and considered the oral and documentary evidence presented during the trial.

[3] For purposes of completeness, the documents that were filed by parties which this Court has gleaned in handing down this Award are as follows:

(i) Claimant's Statement of Case

(ii) Company's Statement In Reply

(iii) Rejoinder

(iv) Company's Bundle of Documents (COB 1)

(v) Company's Bundle of Documents (COB 2)

(vi) Claimant's Bundle of Documents (CLB 1)

(vii) Claimant's Bundle of Documents (CLB 2)

(viii) Claimant's witness statement (CLWS)

(ix) Company's witness statement by Cheong Chew Ling (COWS)

Brief Facts Of The Case

[4] The facts of the Case are indeed uncomplicated and straightforward. The Claimant commenced employment with the Company with effect from 16 September 2016 as Operation Support Analyst in the Anti Money Laundering ("AML") Operations - Management and Admin Department. The Claimant was then designated to the position of Compliance AML Execution Analyst which she held until she tendered her letter of resignation dated 6 September 2021.

[5] Upon tendering the letter of resignation dated 6 September 2021, the Company sent an email dated 27 September 2021 to the Claimant to confirm that pursuant to her resignation letter, the Claimant's last dated of service with the Company would be on 17 September 2021.

[6] Thereafter, the Claimant filed a complaint under s 20 of the Act on grounds that she has been constructively dismissed by the Company. Hence, the Claimant's claim before this Court. The Claimant claims that her dismissal by the Company was without just cause or excuse citing reasons that the superiors the Claimant reported to had severely given her mental pressure and stress that led to her constructively dismissed.

The Company's Case

[7] It is the Company's case that the Claimant's cessation of employment resulted from her voluntarily resignation as stated in her letter dated 6 September 2021 and accordingly, the Company asserts that there was never a dismissal from her employment with the Company rather, the Claimant leaving the Company was a voluntary resignation done on her own accord and further denies any allegation of forced resignation made against the Claimant.

[8] According to the Company, at no point of time, did the Claimant ever raised any allegation of being coerced or forced to resigned from her employment and it was an afterthought on her part to raise such allegation.

[9] The Company, upon receipt of the Claimant's letter of resignation dated 6 September 2021 accepted her resignation letter and confirmed her last date of her employment to be on 17 September 2021.

[10] The Company contends that the Claimant's letter of resignation was composed in a cordial manner as evidenced by the Claimant's expression of appreciation to the Company for the opportunities given to her throughout her years of service.

[11] The Claimant, said the Compan