The court established that a claim for constructive dismissal requires proof of significant employer breach, which the Claimant failed to demonstrate.

AWARD

Rusita Md Lazim:

[1] This is a reference dated 17 May 2022 by the Director General of Malaysia Industrial Relation to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 (hereinafter referred to as "the IRA ") in respect of the dismissal of Abdul Rasyid bin Abu Bakar (hereinafter referred to as "the Claimant") by her employer, Ixora Hotel Sdn Bhd (hereinafter referred to as "the Company") effective 15 July 2021.

[2] This Court has considered the following cause papers and documents in handing down this Award, namely:

(a) the Claimant's Statement of Case dated 31 July 2022;

(b) the Company's Statement in Reply dated 24 August 2022;

(c) the Claimant's witness statement (Abdul Rasyid bin Abu Bakar) is marked as "CLWS-1";

(e) the Company's witness statement (Abdul Mutalib bin Abd Rashid) is marked as "COWS-1";

(f) the Company's witness statement (David Cheng Ting Kai) is marked as "COWS-2";

(g) the Claimant's Bundle of Documents marked as "CLB-1";

(h) the Company's Bundle of Documents marked as "COB-1"; and

(i) the Company's Bundle of Documents marked as "COB-2".

A. Brief Facts Of The Case

[3] The Claimant commenced employment with the hotel/Company on 1 July 2011 as a Guest Service Assistant with a basic salary of RM450.00 and a Service Point of Three (3) equivalent to RM450.00. The Claimant was thereafter confirmed in the said position.

[4] The Claimant was promoted and his last position in the Company was as a Duty Manager. His last drawn basic salary was RM2500.00.

B. The Claimant's Case

[5] In his Statement of Case, the Claimant avers that:

(a) On 15 March 2020, the Malaysian Government make an announcement of a Movement Control Order (MCO) with effect from 18 March 2020 due to the Covid-19 pandemic.

(b) During the MCO 2.0, on 5 June 2020 at about 1.45 pm, while he was working on Morning Shift duty, Encik Abdul Mutalib (COW-1) reported that Puan Sharifah Salzurie entered the hotel premises without recording her temperature and scanning her MySejahtera which was mandatory requirement applied to all;

(c) On 8 June 2021, the Claimant instructed Encik Abdul Mutalib (COW-1) to check the hotel's CCTV footage to confirm Syarifah Salzurie's entry. It was confirmed that she entered the hotel and went to the 4th floor (hotel's guest room and General Manager's room Mr John Macneill) without any valid reason and without notify him as a Duty Manager in charge on 5 June 2021 and further failed to record her temperature reading and scan MySejahtera;

(d) The hotel's Duty Manager, Ms Ong May Chen in her WhatsApp Group has shared and posted the CCTV footage to all other staff/colleagues without the knowledge of the Claimant and other Duty Managers in their WhatsApp Group;

(e) On 14 June 2021, the hotel's Human Resources Assistant Manager, Puan Noor Syazwanie Binti Jameli Ab Nasir called the Claimant and instructed him to explain respect of the sharing the CCTV footage and, that, the Claimant gave his explanation via email dated 14 June 2021. (CLB-1 p 7);

(f) By way of the hotel's Show Cause Letter dated 15 June 2021 (CLB-1 PP 8-9), the Claimant was alleged with Five (5) allegations levelled against him. The Claimant had notified Puan Noor Syazwanie that he had already given his explanation vide an email dated 14 June 2021;

(g) By way of the letter dated 2 July 2021, the hotel had issued 2nd Show Cause letter with the same allegations (CLB-1 p 10). The Claimant had replied to the Show Cause Letter on 7 July 2021 (CLB-1 p 12);

(h) By way of the hotel's letter dated 8 July 2021 (CLB-1 at pp 13 & 14), the Claimant was issued a Letter of Demotion whereby he was notified by the hotel that his position was demoted from Duty Manager to Senior Guest Service Assistant. His basic salary was reduced from RM2,500.00 to RM1,500.00 with effect from 15 July 2021.The Claimant has disagreed with the hotel's decision and signed it "UNDER PROTEST and

(i) The Claimant had a plea of constructive dismissal with effect from 15 July 2021 (CLB-1 pp 15-1