YEW MUN KHEAN vs KUMPULAN LIZIZ SDN BHD

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2018 MarsdenLR 773

HIGH COURT MALAYA IPOH
YEW MUN KHEAN – Appellant
Versus
KUMPULAN LIZIZ SDN BHD – Respondent
[Civil Suit No: AA-22NCVC-88-06-2016]

Important Points

A claim for constructive dismissal requires proof of a significant breach by the employer and cannot arise from mere employee objection to management decisions.

Subject

Employment Law - Constructive Dismissal

Act Referred

Companies Act 1965
Industrial Relations Act 1967: S.20

Headnote

The judgment concerns claims for loss of salary and bonuses due to alleged wrongful termination. The court found that the plaintiff failed to prove his case for constructive dismissal as he did not satisfy necessary legal criteria. The defendant’s counterclaim was upheld. The court emphasized principles regarding employment contracts, particularly concerning breaches and employer prerogatives in management.

Petitioner Advocates:Mahathir Abdullah ,Respondent Advocate: Norazali Nordin,Danial Rahman Yang Razali

Table of Content
1. overview of employment dispute regarding salary loss and alleged termination. (Para 1 , 2)

[1] The subject matter of this civil suit revolves on the issue pertaining to loss of salary and bonuses with an alternative prayer for purported wrongful termination or constructive dismissal of the plaintiff in the employment of the defendant.

[2] Briefly, the plaintiff filed a Writ of Summons (encl 1) and Statement of Claim (encl 2) against the defendant as follows:

(a) The sum of RM750,750.00 in respect of loss of monthly salary of RM10,500.00 per month from 15 January 2016 to 31 December 2021;

(b) The sum of RM210,000.00 in respect of loss of annual minimum cash bonus of RM35,000.00 from 2016 to 2021;

(c) Alternatively to prayer (a) above, damages for wrongful termination or constructive dismissal of the plaintiff, to be assessed;