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INDUSTRIAL COURT KUALA LUMPUR
MOHD SHAHRIL HUSSIN – Appellant
Versus
MAASDOTS SDN BHD – Respondent
| Table of Content |
|---|
| 1. dismissal details and validity of agreement. (Para 1 , 2 , 3 , 4 , 9 , 10 , 11 , 12 , 13) |
| 2. claimant's view on victimization and invalid msa. (Para 19 , 20) |
| 3. company's justification for separation agreement. (Para 22 , 23 , 24 , 25) |
| 4. overview of constructive dismissal principles. (Para 26 , 28 , 30 , 39) |
| 5. fundamental breach of employment contract. (Para 72 , 88) |
| 6. court orders compensation and payment terms. (Para 93 , 106) |
A. Reference
[1] This is a reference from the Director General for Industrial Relations to the Industrial Court of Malaysia under s 20(3) of the Industrial Relations Act 1967 ("the IRA 1967") as amended by the Industrial Relations (Amendment) Act 2020 (A 1615), in respect of the dismissal of Mohd Shahril Bin Hussin ("the Claimant") by his employer, Maasdots Sdn Bhd ("the Company") on 31 October 2022.
B. Case Summary And Proceedings
[2] The dispute in our present case is over the termination of the Claimant's employment, purportedly pursuant to a Mutual Separation Agreement.
[3] The main issue for the Court's determination is whether the parties entered into a valid and binding Mutual Separation Agreement that lawf
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