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INDUSTRIAL COURT KUALA LUMPUR
P B ASHOK P B KRISHNAN PILLAI – Appellant
Versus
CYBERLYNX INTERNATIONAL SDN BHD – Respondent
| Table of Content |
|---|
| 1. judicial reference under industrial relations act. (Para 1 , 2) |
| 2. claimant's employment history and salary details. (Para 3) |
| 3. company's financial difficulties and salary payment issues. (Para 4) |
| 4. legal standards for constructive dismissal. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 5. court's analysis of the claimant's dismissal claim. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. claimant's fiduciary duty and delay in salary payment. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. comparison of claimant's conduct in prior roles. (Para 28 , 29 , 30 , 31) |
| 8. court's conclusion on constructive dismissal standards. (Para 32 , 33 , 34 , 35 , 36) |
Reference
[1] This is a reference under s 20(3) of the Industrial Relations Act 1967 (the Act) by the Honourable Minister of Human Resources, emanates from the dismissal of PB Ashok a/l PB Krishnan Pillai ("the Claimant") by Cyberlynx International Sdn Bhd ("the Company") on 10 April 2020.
[2] This Court will determine the issues before it and make its findings based on the pleadings, notes of proceedings, the relevant oral and documentary evidences, the cause papers and submissions. The following documents were filed befor
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