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INDUSTRIAL COURT KUALA LUMPUR
MAWLUD MUSTAIN – Appellant
Versus
SAPURA BRAKE TECHNOLOGIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. constructive dismissal and the right to transfer (Para 1 , 13 , 16 , 17 , 18 , 19) |
| 2. employment history and transfer details. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. claimant's grievances regarding transfer. (Para 8 , 9 , 10 , 11 , 12 , 14 , 15) |
| 4. legal standards for constructive dismissal. (Para 20 , 21 , 22 , 23) |
| 5. criteria for proving constructive dismissal. (Para 24 , 25 , 26 , 27 , 28) |
| 6. employer's rights regarding employee transfers. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. court's finding on dismissal claim. (Para 35) |
[1] This is a reference by the Honourable Minister of Human Resources made under s 20(3) of the Industrial Relations Act 1967 regarding the alleged constructive dismissal of Mawlud Mustain ("the Claimant") by Sapura Brake Technologies Sdn Bhd ("the Company") on 2 May 2006.
Brief Facts Of The Case
[2] The Claimant commenced employment in the Company with effect from 19 June 1996 in the position of Assistant Manager (Marketing), Grade MM3.
[3] The Claimant was promoted to the post of Manager -Marketing with effect from 1 January 2000 vide a letter dated 31 December 1999. He was later confirmed in the said position on 1 July 2000.
[4] On 1 January 2003, the Claim
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