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2019 MarsdenLR 989

INDUSTRIAL COURT KUALA LUMPUR
NOOR HAZLINA KAMARUDIN – Appellant
Versus
NUSAPETRO SDN BHD – Respondent


Table of Content
1. claimant's assertion for ex-parte hearing due to company absence. (Para 1 , 2)
2. details of the claimant's employment and issues with salary payments. (Para 3 , 4 , 5 , 9 , 10 , 11 , 12 , 13)
3. details of salary payment delays leading to resignation. (Para 6)
4. legal standards governing constructive dismissal in employment contracts. (Para 14 , 15 , 16 , 17)
5. analysis of company’s failure to remit wages as a breach. (Para 19)
6. failure to pay wages constitutes serious breach of employment contract. (Para 20 , 21 , 22)
7. resignation treated as constructive dismissal due to significant salary breaches. (Para 23 , 24 , 26)
8. court ruling for compensation rather than reinstatement owing to relationship breakdown. (Para 27 , 29)
9. ruling in favor of claimant; orders compensation payment. (Para 28)

[1] This is a case involving a claim by the Claimant based on constructive dismissal. The hearing of this matter commenced on 26 June 2019. At the hearing, the Claimants Counsel was present but the Companys representative was absent. Counsel for the Claimant informed the Court at the outset that on 25 June 2019 at about 4:00 p.m. the Companys HR Executive Puan Safinaz Binti

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