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2018 MarsdenLR 1202

INDUSTRIAL COURT KUALA LUMPUR
AKASHAH BASHAH – Appellant
Versus
NEXUS DEEPWATER ENGINEERING (M) SDN BHD & ANOR – Respondent


Petitioner Advocates:Ridzal Dzulkifli ,Respondent Advocate: Caroline Goh

Table of Content
1. facts surrounding the claimant's employment and salary dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. court's examination of constructive dismissal law and employer obligations. (Para 10 , 11 , 12 , 13 , 14)
3. evaluation of claimant's employment status and jurisdictional issues related to claims. (Para 15)

[1] The claimant commenced employment with the company as the Managing Director on 18 December 2012 with the monthly salary of RM34,000.00 per month. This is based on the employment agreement dated 4 December 2012 entered into between the claimant and the company, Nexus Deepwater Engineering (M) Sdn Bhd (1st company). By an Award No 787 of 2014, Nexus Engineering & Global Technologies (M) Sdn Bhd (NEGTSB) was joined as Co-Respondent on 23 June 2014. At all material time, the claimant and Mr Nadeem Muhamad Siddiq (COW1), a shareholder of the company and a Director in Nexus Engineering & Global Technologies (M) Sdn Bhd (NEGTSB) has known each other since Nexus Engineering & Global Technologies (M) Sdn Bhd (NEGTSB) was a sub-contractor for the claimant's ex-employer JP Kenny on September 2010.

[2] There are two version of fact on how the claimant became involve

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