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1991 MarsdenLR 714

INDUSTRIAL COURT, KOTA KINABALU
LOTTERIES CORPORATION (SABAH) SDN. BHD. SABAH – Appellant
Versus
VINCENT LEE SABAH – Respondent


Award No. 159 of 1991 [30 MAY 1991]

This is a case of constructive dismissal - a form of dismissal which has a legal dimension of its own. Constructive dismissal denotes conduct by an as entitles a workman himself to terminate the employer amounting to a breach of contract such contract summarily. Lee Kim v. Tai Lee Chan Plywood Agency (Award No. 119/80) . A unilateral alteration of the contract of employment by the employer at least in an important aspect, gives the workman the right to terminate the contract without notice, and so may amount to constructive dismissal. (See C.P. Mills) - Industrial Law Disputes in Malaysia. The poignant words of the claimant, Vincent Lee, encapsulate the sad predicament in which the Lotteries Corporation (Sabah) Sdn. Bhd., Sabah (the company) placed him on 25 September 1989. In his letter to the executive director of the company dated 16 January 1990, Ex: CO 13 he lamented as follows:

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No man worthy of a minimum self-respect would accept such a transfer with a demotion in rank and responsibilities. I have been stripped of all my powers and this is a punishment meted out on me for no wrong committed by me. It is most disheartening to note the company

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