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2025 MarsdenLR 3157

MAGISTRATE COURT KUALA LUMPUR
AFFIRM PLUS PROPERTIES SDN BHD & ANOR – Appellant
Versus
JEROME LIM MING CHIEH – Respondent


Table of Content
1. overview of contractual dispute and claims. (Para 1 , 2)
2. jurisdictional matters regarding constructive dismissal and employment disputes. (Para 3 , 4 , 5 , 6 , 7 , 8)
3. defendant's breach of contract and evidentiary burdens in constructive dismissal. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. plaintiffs' burden of proof on laptop damage. (Para 17 , 18 , 19 , 20)
5. final judgment on claims for notice and damages. (Para 21 , 22 , 23)
6. implications for industry practices and employee conduct. (Para 24 , 25 , 26)
Norhanum Hassan M:

Introduction

[1] This case concerns a contractual dispute between the Plaintiffs, Affirm Plus Properties Sdn Bhd and Appilliate Sdn Bhd, and the Defendant, Jerome Lim Ming Chieh, regarding the enforcement of cl 3(b) of the Employment Agreement and a claim for damages to company property. The Plaintiffs allege that the Defendant failed to serve the required notice period before ceasing employment, thereby breaching his contractual obligations. Additionally, the Plaintiffs claim RM1,250.00 for alleged damage to a company-issued laptop. The Defendant disputes both claims, asserting that he was constructively dismissed and that he did not c

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