Introduction

[1] The question that arises in this appeal is one which is of relevance and importance to employment law and practice in Malaysia and it is this - whether it is an abuse of process of the Court for an employee who claims that he/she has been dismissed without just cause or excuse, to file a common law action to claim, (a) damages for breach of the employment contract, (b) damages for constructive dismissal, (c) damages for the tort of intentionally causing emotional distress, (d) damages for the tort of harassment and bullying, (e) damages for negligence in appointing, retaining and monitoring the recruitment of employees, (g) general and exemplary damages, instead of pursuing the statutory dispute resolution mechanism/process to obtain the remedies as provided for under the Industrial Relations Act 1967 ("the Act").