EUGENE MA CHEE YU v. ORIENT EUROPHARMA (M) SDN BHD
INDUSTRIAL COURT, SARAWAK
ANI AK SOLEP
AWARD NO. 40 OF 2022 [CASE NO: 8/4-781/20]
3 JANUARY 2022

DISMISSAL: Constructive dismissal – Change in job function – Whether COW2 had undermined the claimant’s authority in his job and hindered him from carrying out his job effectively – Factors to consider – Evidence adduced – Effect of – Position of COW2 in the company – What the company’s actions towards him had shown – Whether it had been carried out bona fide – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Transfer – Claimant transferred to Kuantan during his extended probation period and COW2 indicating non-confirmation of his employment even if he accepted the transfer – Whether it had been acceptable behaviour on the part of the company – Factors to consider – Evidence adduced – Effect of – Whether the company’s actions had been a fundamental breach that had gone to the root of his contract of employment – Whether the transfer had been carried out bona fide – Whether the claimant had been constructively dismissed – Whether dismissal without just cause and excuse

DISMISSAL: Constructive dismissal – Victimisation – COW2 berating, taunting, verbally abusing and threatening the claimant on numerous occasions – Reasons for the same – What the company’s actions towards him had indicated – Whether the verbal abuse, intimidation and threats had been an acceptable way for COW2 to guide and reprimand the claimant – Effect of – Whether it had justified him walking out of his employment and claiming constructive dismissal – Whether the claimant had delayed walking out in response to the breach

DISMISSAL: Constructive dismissal – Warning letter – Claimant issued a warning letter by the company despite apologising and explaining himself – Whether it had amounted to a fundamental breach of his contract of employment – Factors to consider – Evidence adduced – Effect of – Whether it had justified him walking out of his employment and claiming constructive dismissal

INDUSTRIAL COURT: Remedies – Backwages – Whether suitable to award and calculation of quantum – Probationer claimant

INDUSTRIAL COURT: Remedies – Compensation in lieu of reinstatement – Whether it ought to be allowed – Factors to consider – Evidence adduced – Effect of

INDUSTRIAL COURT: Remedies – Exemplary and punitive damages – Whether it ought to be allowed – Factors to consider – Evidence adduced – Effect of

INDUSTRIAL COURT: Remedies – Reinstatement – Whether suitable to award – Factors to consider – Evidence adduced – Effect of – Whether the claimant had abandoned this remedy

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ZOLKEFLEY MD HUSIN v. GUOCERA SDN BHD
INDUSTRIAL COURT, JOHOR
NOOR HAYATI MAT
AWARD NO. 139 OF 2022 [CASE NO: 16/4-2481/20]
20 JANUARY 2022

CONTRACT OF EMPLOYMENT: Terms and conditions – Resignation – Whether the claimant had voluntarily resigned – Factors to consider – Evidence adduced – Effect of

DISMISSAL: Constructive dismissal – Status – Claimant’s resignation letter rejected as investigations still ongoing against him – Whether his reasons for resigning had been proven by the evidence – Factors to consider – Evidence adduced – Effect of – Whether the rejection of his resignation had constituted a fundamental breach of his contract of employment

DISMISSAL: Constructive dismissal – Status – Company failing to respond to claimant’s query seeking an assurance or confirmation on his status of employment and rejecting his resignation – Whether it had constituted a fundamental breach of his contract of employment – Factors to consider – Evidence adduced – Effect of – What the company’s actions had shown – Claimant not cooperating with the investigations – What it had indicated – Whether he had been constructively dismissed – Whether dismissal without just cause and excuse

Award	Parties	Citation	Links
	A Gilbert D’cruz v. SapuraAcergy Sdn Bhd & Anor [Civil Appeal No: W-01(A)-277-06-2020]	[2022] 1 ILR 259
	Ketua Pengarah Perkhidmatan Awam & Anor v. Alagan Mayalagan [Civil Appeal No: W-01(A)-6-01-2019]	[2022] 1 ILR 271
	Noor Bhayzura Dali v. Suruhanjaya Perkhidmatan Awam Malaysia & Anor [Civil Appeal No: W-01(A)-32-01-2018]	[2022] 1 ILR 286
	Suruhanjaya Pasukan Polis & Ors v. Melvindar Singh Gamum Singh [Civil Appeal No: W-01(A)-437-09-2020]	[2022] 1 ILR 302
35/2022	Bujang Anak Ang v. Konsortium HNEH Sdn Bhd [Case No: 8/4-68/21]	[2022] 1 ILR 317
40/2022	Eugene Ma Chee Yu v. Orient Europharma (M) Sdn Bhd [Case No: 8/4-781/20]	[2022] 1 ILR 343
63/2022	Mohd Azrul Nizam Mohd Suhaimi lwn. Cerana Tekniq Group Sdn Bhd [No. Kes: (2)12/4-2436/19]	[2022] 1 ILR 386
128/2022	Faizal Mohamad Yusof lwn. Applus Malaysia Sdn Bhd [No. Kes: 14/4-372/21]	[2022] 1 ILR 410
139/2022	Zolkefley Md Husin v. Guocera Sdn Bhd [Case No: 16/4-2481/20]	[2022] 1 ILR 431

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