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INDUSTRIAL COURT KUALA LUMPUR
KATHIRESAN ALFRED – Appellant
Versus
CITY-LINK EXPRESS (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. employment contract details and dismissal context. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. claimant's arguments on transfer and dismissal. (Para 19 , 20 , 21) |
| 3. company's assertion against constructive dismissal claims. (Para 26 , 27) |
| 4. court's analysis on the motives behind the transfer. (Para 28 , 30 , 31 , 32 , 33 , 35 , 36) |
| 5. court's conclusion on constructive dismissal and justification. (Para 37 , 38) |
| 6. final orders for compensation. (Para 44 , 45) |
[1] The parties to the dispute are City-Link Express (M) Sdn Bhd (the company) and Kathiresan a/l Alfred. The dispute between the company and the claimant was over the alleged constructive dismissal of the claimant by the company on 16 September 2002.
Facts Of Case
1) The dispute is over the constructive dismissal of the claimant by City-Link Express (M) Sdn Bhd (hereinafter referred to as "the company") with effect from 16 September 2002. The claimant was also known as Nelson.
2) The claimant commenced employment with the company on 11 January 1993 as Credit Control Assistant at a salary of RM500 per month. The Claimant reported for duty at the Company Headquarters (HQ) at Taman M
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