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COURT OF APPEAL PUTRAJAYA
SAHARUNZAMAN BARUN – Appellant
Versus
PERODUA SALES SDN BHD & ANOR AND OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. concern over employment terms after corporate transfer. (Para 1 , 2 , 3) |
| 2. response of employees to transfer and employment offer. (Para 4 , 5) |
| 3. industrial court's findings on constructive dismissal. (Para 6 , 12) |
| 4. judgment of high court on managerial prerogative. (Para 13 , 14 , 15 , 16) |
| 5. issues summarized for appeal. (Para 18 , 19) |
| 6. clarification of the test for constructive dismissal. (Para 23 , 24 , 25 , 26) |
| 7. differences in transfer clauses among claimants. (Para 29 , 30 , 31) |
| 8. reasonableness in managerial prerogative and employee rights. (Para 36 , 37 , 38 , 39 , 40) |
| 9. risks associated with lack of work permits. (Para 42 , 43 , 44 , 45 , 46) |
| 10. final ruling and reinstatement of industrial court's award. (Para 113 , 114) |
[1] Three employees of Perodua Sales Sdn Bhd ("Perodua/the Company") found themselves in a quandary. They had all served between 9 and 22 years with the Company, one being employed as a mechanic and the other two as service advisors. Together with some 20 other employees in Perodua's Branch in Bukit Beruntung and its Sales Service Centre in Sungai Choh, Rawang, they were each given a letter explaining that one Nagoya
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