CHAN PHAIK LENG vs MAHKAMAH PERUSAHAAN MALAYSIA & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 1540

HIGH COURT MALAYA JOHOR BAHRU
CHAN PHAIK LENG – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent

Petitioner Advocates:R Jayabalan ,Respondent Advocate: P Thavaselvi

Table of Content
1. application for judicial review. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. claims regarding constructive dismissal. (Para 7 , 8)
3. discussion of the role of evidence and burden of proof. (Para 10 , 11 , 12)
4. principal considerations in reviewing organizational actions. (Para 14 , 16 , 26 , 36)
5. legal standards for constructive dismissal and burden of proof. (Para 19)
6. consideration of demotion in evaluating employment rights. (Para 40 , 42)

This Application

[1] This is an application by the applicant for judicial review pursuant to O 53 of the Rules of 2012, and for an order of certiorari to quash Chan Phaik Leng v. Meda Healthcare Sdn Bhd dated 19 September 2018 ("the Award") of the Industrial Court, the 1st respondent.

The Background Facts

[2] On 11 December 2000, the applicant commenced employment at Antah Pharma Sdn Bhd ("Antah") as a Medical Representative. She was then promoted to Senior Area Sales Manager on 1 January 2011.

[3] On 1 January 2016, after Meda Healthcare Sdn Bhd ("the 2nd respondent") had taken over the pharmaceutical business from Antah, the applicant continued as Senior Sales Manager ("SSM") based on a renewed employment contract dated 1 January 2016 (

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2019 MarsdenLR 1540

HIGH COURT MALAYA JOHOR BAHRUCHAN PHAIK LENG – AppellantVersusMAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent

HIGH COURT MALAYA JOHOR BAHRU
CHAN PHAIK LENG – Appellant
Versus
MAHKAMAH PERUSAHAAN MALAYSIA & ANOR – Respondent