INDUSTRIAL COURT KUALA LUMPUR
LOH POH IM – Appellant
Versus
MINETECH RESOURCES BERHAD – Respondent
| Table of Content |
|---|
| 1. claim of constructive dismissal based on alleged employer actions. (Para 1 , 1 , 4 , 5 , 6) |
| 2. principles establishing the contract test for constructive dismissal. (Para 15 , 16 , 17) |
| 3. court's determination of employer's prerogative in restructuring. (Para 20 , 21) |
[1] The Claimant commenced employment with the Company on 4 April 2005 as the Group Financial Controller. As the Group Financial Controller her duties, among others, were:
(a) to take charge and oversee the entire operations of Finance, Accounts and Human Resource;
(b) to provide strategic and financial advice;
(c) to manage the financial affairs of the Company;
(d) to prepare feasibility studies on business proposals; and
(e) to advise the management on the viability of all the Companys investments.
[2] The Company had by its letter dated 28 June 2011 promoted the Claimant to the position of Acting Group Chief Operating Officer of the company with effect from 1 July 2011. In the Job Description for the position of Acting Group Chief Operating Officer, her major function areas were:
1. To oversee the day to day operations and functions of the Group including quarry, premix & bituminous production, contract wo
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