Hanipah Farikullah JCA:

Introduction

[1] The present matter was an appeal by RHB Bank Berhad (the appellant) against the order of the High Court Judge which had dismissed the appellant's application for Judicial Review to quash the Industrial Court's Award No 1026 of 2019 dated 25 March 2019.

[2] On 25 March 2019, the Industrial Court allowed claims for constructive dismissal brought by the respondent, who was required to relocate to Malaysia from Bangkok, where he had previously worked.

[3] On 26 February 2020, the High Court dismissed the appellant's application for judicial review of the Industrial Court's decision.

[4] This case raises an important question on constructive dismissal: whether the conduct of an employer who is said to have committed a fundamental breach of the contract employment is to be judged by the contract test or unreasonableness test.

The Background Facts

[5] The facts which are not in dispute for the purposes of this appeal are as follows. The respondent was employed by the appellant on 13 June 2011 as its Vice-President, Operation Head, Thailand Operations.

[6] The respondent was posted to the Bank's Thailand Operations as its Operation Head in Bangkok a