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COURT OF APPEAL PUTRAJAYA
SOUTHERN INVESTMENT BANK BHD & ANOR – Appellant
Versus
YAP FAT & ANOR – Respondent
| Table of Content |
|---|
| 1. overview of the case and key facts regarding the respondent's dismissal. (Para 1 , 2) |
| 2. clarification of the issue regarding the nature of the dismissal. (Para 3) |
| 3. legal standards and definitions related to constructive dismissal. (Para 4 , 5 , 11 , 12 , 18 , 20) |
| 4. emphasizes the employer's breach that justifies a claim of constructive dismissal. (Para 13 , 14 , 15) |
| 5. resignation context informs claims of constructive dismissal. (Para 24 , 27) |
[1] This appeal is directed against the decision of the High Court dated 15 March 2016 dismissing the appellants' application for judicial review to quash the award made by the Industrial Court vide Award No: 1120 of 2014 which was handed down on 30 September 2014. In the terms of the award, the Industrial Court found that the 1st respondent's dismissal was without just cause or excuse.
Backgrounds Facts
[2] By and large, the facts in this instant appeal were in common ground. Such facts included the following:
(a) The 1st respondent was employed by Southern Investment Bank Berhad ("SIBB") (formerly known as "Perdana Merchant Bankers Berhad") in 1994. The 1st respondent was subsequently promoted to be the Vice President in 199
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