GROUNDS OF JUDGMENT

The Applicant began his employment with the Respondent company as a Dealer Executive on 2nd August 1993 and ever since he was posted at the Respondent's Kuala

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Lumpur office. By a letter dated 1st October 1996 the Applicant was instructed to be transferred to the Johor Bahru office on a promotion with the post of Assistant Sales Manager effective from 16th October 1996 Being unhappy with the transfer the Applicant protested against the transfer; but his protest was rejected by the Respondent This resulted in the Applicant writing a letter to the Respondent dated 11th October 1996 stating that in the light of the instruction to transfer him to Johor Bahru he no longer wished to continue working with the Respondent as he considered himself to have been dismissed. The Applicant was of the view that he could not be forced to accept the promotion as the salary he would receive as Assistant Sales Manager would be less than his present earning as Sales Executive.

Subsequently the Applicant made representations to the Industrial Relations Department under S20 (1) of the Industrial Relations Act 1980 alleging that he had been constructively dismissed by the Respondent