HAMDAN RASID @ A MANAN vs TELEKOM MALAYSIA BERHAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 2248

INDUSTRIAL COURT KUALA LUMPUR
HAMDAN RASID @ A MANAN – Appellant
Versus
TELEKOM MALAYSIA BERHAD – Respondent

Petitioner Advocates:Teh Hong Jet ,Respondent Advocate: Raymond T CLow,Benedict Ngoh

Table of Content
1. introductory procedural history. (Para 1 , 2 , 3 , 4 , 5)
2. the claimant's employment history and reassignment. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. issues framed by the court regarding dismissal. (Para 18 , 19)
4. criteria established for constructive dismissal. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26)
5. discretionary nature of contract performance ratings. (Para 30 , 35 , 41)

[1] The Ministerial reference in this case required the court to hear and determine the claimants complaint of dismissal by the company on 12 April 2017.

I. Procedural History

[2] The court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 22 August 2017.

[3] The matter was fixed for mention on 4 October 2017, 9 January 2018, 8 October 2018 and 17 October 2018.

[4] The matter was transferred from court No 14 to this court, ie court No 30, on 30 October 2018 under the instructions of the President of the Industrial court.

[5] The trial commenced on 7 November 2018 wherein the claimant as well as two of the companys witnesses gave their oral testimonies. The trial concluded on 30 November 2018 with the companys th

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2019 MarsdenLR 2248

INDUSTRIAL COURT KUALA LUMPURHAMDAN RASID @ A MANAN – AppellantVersusTELEKOM MALAYSIA BERHAD – Respondent

INDUSTRIAL COURT KUALA LUMPUR
HAMDAN RASID @ A MANAN – Appellant
Versus
TELEKOM MALAYSIA BERHAD – Respondent