JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] In the instant case, the applicant, Kalai Vani a/p Govindasamy Naidu ("the Claimant") on 22 September 2020 commenced employment with Wullersdorf Resources Sdn Bhd ("the Company"). She claimed that she was forced to resign from the company and had at 4.00pm on 21 February 2022 tendered her involuntary resignation letter.

[2] The Claimant filed representations with the Director General of Industrial Relations ("DGIR") under s 20 of the Industrial Relations Act 1967 ("IRA") claiming that her termination was a dismissal without just cause and excuse. The DGIR referred the matter to the Industrial Court for adjudication.

[3] The learned Chairman of the Industrial Court ("the learned Chairman") found the dismissal to be without just cause and excuse and awarded back wages and compensation. The company appealed to this Court under s 33C of the IRA.

[4] On 2 July 2025, I allowed the appeal in part by reducing the amount assessed by RM30,000.00 while upholding all the other orders made by the Industrial Court . Appellate interference was justified as the decision was one that a reasonable tribunal similarly circumstanced would not have arrived at. The matter was remitted back to the Industrial Court to determine the appropriate compensation.

The Claimant's Case

[5] The claimant held the post of Senior Mining Geologist with the company, and her last drawn salary was RM15,000.00. The company is in the business of mining and processing gold. The claimant's location of work was in an extremely remote site, ie, Balung campsite off Tawau, in the Tawau District in Sabah. The claimant was on leave from 11 February to 18 February 2022. When she returned on the 18th from her hometown in Batu Caves, Selangor, and was picked up at the airport by Adji Prihananto ("COW-1"), the company's mining and geology manager. While travelling back to the camp, she stopped at the minimarket to buy some goods and stocks since the camp is far from the city.

[6] The claimant averred that on 19 February 2022, at approximately 5.00pm, COW-1 informed her that one MrSharol, the mining manager of the company, wanted to see her in the meeting room. At the meeting, the claimant was told that the company's director, one Datuk Lo Fui Ming ("Datuk Lo"), is requesting her to resign on her own accord or else she will suffer with consequences that will be happening if she refused to do so. The claimant questioned Mr Sharol and COW-1 as to why she needs to resign and what is her mistake. Both of them mentioned that the claimant has done nothing wrong, and there is no proper reason to be given, but Datuk Lo does not want her to be there as her chemistry does not fit with Datuk Lo's. That was the reason Datuk Lo wants the claimant to voluntary resign. The claimant asserted that Mr Sharol informed her that if she does not tender her resignation letter, her life would be miserable. She was told to tender her resignation the next day, ie, 20 February 2022.

[7] At 10.58pm, the claimant has sent a WhatsApp message to COW-1, informing him that she would not wish to resign and would like to continue working for the company. On 20 February 2022, COW-1 again pressed her to resign. At 3.00pm, while she was at the mining area, she was instructed to go to the office by Abdul Azizi bin Mahmood ("COW-2"), the senior exploration geologist. The claimant stated that COW-2 informed her that Datuk Lo has given strict instructions not to allow the claimant to carry on working and that she tender her resignation letter as soon as possible. A transcribed audio recording of what COW-1 said was tendered in evidence, and the claimant was tendered with transcribed notes.

[8] When she asked why doesn't the company terminate her if the company felt that she had done something wrong, she was told that the company was not willing to terminate her as she would later file a case against the company. The claimant stated that she was later that night she was