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2015 MarsdenLR 953

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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