Mahadev Shankar JCA:

The appellant (Anwar) claimed that he had been constructively dismissed by the respondent (Bayer (M)). The Industrial Court upheld Anwar's claim. The High Court quashed the award of the Industrial Court. We dismissed Anwar's appeal to us. Our reasons now follow.

Anwar first joined Bayer (M) in December 1975. He resigned of his own accord in June 1980. Subsequently he rejoined Bayer (M) in January 1981 as Senior Executive. From about 2 May 1984 Anwar became Bayer (M)'s Personnel and Administration Manager. Bayer (M) then decided to put up a factory in Shah Alam (the Shah Alam project). In 1986 Anwar was allocated duties in connection with the Shah Alam project as a Liaison Officer. He was sent to Germany for special training in this connection. Upon his return he continued to be responsible for this project.

In 1989 Bayer (M)'s administrative offices were located on the 6th Floor of Pernas International at Jalan Sultan Ismail, Kuala Lumpur. T.S. Chee (Chee) was the Section Manager for the Diagnostic Division. On 1 June 1989 Mr. Herzer joined Bayer (M) as its Managing Director. Because there were serious space constraints in the Pernas International Bu