Constructive dismissal claims require proving significant breaches by the employer; failure to act promptly after such breaches can negate claims of dismissal.

Zulhelmy Hasan:

Reference

[1] This is a reference made by the Director General of Industrial Relations Malaysia dated 18 February 2022 which was received by the Industrial Court of Malaysia on 24 February 2022 pursuant to s 20(3) of the Industrial Relations Act 1967 arising out of the alleged constructive dismissal as claimed by Tan Wan Jun (hereinafter referred to as "the Claimant") by Supreme Infinity Land Sdn Bhd (hereinafter referred to as "the Company") on 14 June 2021.

Factual Backgrounds

[2] This is a dispute over an alleged of the Claimant who had considered herself as being constructively dismissed by the Company without just cause or excuse and terminated the employment contract with the Company via a resignation notice dated 14 June 2021 (at p 26 of CLB-1) due to the series of oppressive and unlawful conducts by the Company that had breached the root of the employment contract on the following grounds:

(a) The Company had unilaterally withheld and deducted the Claimant's salaries;

(b) The Company had unilaterally arranged for work from home schedule and treated the unscheduled workings days as unpaid leave; and

(c) Series of the Company's conducts are tainted with bad faith to victimise the Claimant.

[3] The Claimant commenced the employment with the Company on 1 October 2020 as an Account Administrative cum Assistant to the Director vide the Employment Contract dated 22 September 2020 (at pp 1-4 of CLB-1) subject to three (3) months of probation period with monthly salary of RM2,000.00 with a discretionary monthly performance allowance in the sum of RM100.00. The salary is given on the consideration that the Claimant is bound to a contract terms of fifteen (15) months. Under Clause (iia) of the said Employment Contract dated 22 September 2020 it is stipulated that performance allowance: "- after confirmation, a monthly performance allowance of RM100.00 shall be granted of if the Director is satisfied to the good performance of the Claimant at the Company's Discretions in written."

[4] In the same Employment Contract dated 22 September 2020 the Claimant's job scope should be mainly on (including but not limited to):

(i) Account & Admin related tasks of the Company; and

(ii) Assistant Jobs to Director including all the tasks/jobs that required by the Director or its personal matters and Companies matters (Different Group of Companies matters) to handle, administrative & complete it efficiently; and

(iii) All the tasks/job/general works and/or administration works, administration on marketing and sales related works and/or other jobs as instructed by the Director from time to time and to assist the Director in all his tasks/jobs in all branches.

(iv) Liaising, contacting, negotiating the quotation with contractors, suppliers and all other parties related to Group of Companies of the Marketing Directors;

(v) The Companies' daily operation its related works and/or other jobs/functions as instructed by the Director from time to time at any time required by the Company; and shall response/complete the works fast, committed, efficiently during working and non-working hours as and when necessary.

[5] The Claimant was assigned to do accounting and administrative work for the Company, and Group of Companies namely, Toplite Development Sdn Bhd, Hill Management Sdn Bhd, Teroka Land Development Sdn Bhd and Prestige Goldyear Sdn Bhd and any ad hoc task requested by the Director (Ong Chin Wei) for data checking. However, for Chester Perak Holding Sdn Bhd, Genetronz Technologies Sdn Bhd and Tot Fashion Holding Sdn Bhd, the Claimant only requested t