JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] On 11 December 2024, I dismissed the appeal brought by the appellant, Sheikh Amer bin Hussein Hashim ("the claimant") for an order of certiorari to quash the award dated 19 March 2024 wherein his claim of constructive dismissal by his employer, Pengurusan Air Selangor Sdn Bhd ("the company") was dismissed by the Industrial Court ("the impugned award").

[2] This judgment contains the reasons for my decision.

Background

[3] On 23 April 2012, the claimant commenced employment with the company. Sometime in 2013, he claimed to have suffered a back injury and was diagnosed with a "slipped disc". He was transferred from the Klang Office to the Sepang Office and, thereafter, on promotion as Vice-President, back to the Klang Office. He was at the Klang Office when Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) and several other private concessionaires were on 13 September 2019 merged under one entity named Pengurusan Air Selangor Sdn Bhd ("Restructuring Exercise").

[4] On 3 July 2020, the claimant was notified of his transfer from the Klang Office to the company's headquarters in Wisma Goshen, Kuala Lumpur ("Headquarters"). The transfer was to take effect on 20 July 2020. The transfer was initiated to utilize the claimant's experience and expertise in the Customer Billing Services Department at the company's Headquarters to support business operations during the Restructuring Exercise.

[5] On 14 July 2020, the claimant emailed a letter appealing against the transfer order. It was addressed to the Chief Executive Officer ("CEO"), but was instead sent to several random heads of department. The CEO was not copied in the eآ¬mail and did not receive the letter. Further, the claimant's method of appeal did not follow the correct process for appealing against transfer orders. As such, nothing came out of the email appealing against the transfer order.

[6] On 3 August 2020, the claimant reported for duty at the company's Headquarters. He continued to work without any complaints or grievances. In mid-August, the claimant followed up on his appeal and was advised to resubmit his appeal in accordance with the correct procedure. He did not do so and instead continued to work. On 4 December 2020, the claimant applied to be transferred from the company's Headquarters to the company's branch office at Kuala Langat ("the Kuala Langat Office"). The reason was his pre-existing slipped disc injury, which he claimed limited his ability to travel.

[7] On 25 January 2021, the claimant was informed that his application was rejected due to no vacancies for a lower job grade position or a suitable position.

[8] On 2 February 2021, the claimant resigned from his employment by providing 3 months' notice. The following reasons were given in his letter of resignation: (a) his "slip-disc" back injury was worsening; (b) his back injury had caused him to frequently be on hospitalisation leave; and (c) the distance between his house and the company's Headquarters had caused his health to deteriorate and has affected his work performance.

[9] On 19 March 2021, the company acknowledged the resignation letter and informed the claimant that his last working day would be on 1 May 2021. On 1 April 2021, ie, one month before his last working day, the claimant requested that he exhaust the balance notice period in the Wilayah Kuala Langat Office. The company acceded to the claimant's request.

[10] On 30 April 2021, an exit interview was conducted with the claimant, during which he indicated the reason for resigning was his health condition and the travel distance to work ("Exit Interview").

[11] Thereafter, the claimant made a representation to the Industrial Relations Department claiming constructive dismissal. The Director General of Industrial Relations eventually referred the dispute to the Industrial Court for adjudication under subsection 20(3) of the Industrial Relations Act 1967 ("IRA").

Decision Of The Industrial Court

[