TAN CHEANG HIN v. PRESTIGE SCUBA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1070 OF 2022 [CASE NO: 22/4-2757/20]
8 JUNE 2022

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

DISMISSAL: Constructive dismissal – Humiliation – Claimant made to sit outside in the lounge and not given any work to do – Reasons given by the company – Whether acceptable – What the company’s actions had shown – Whether proven by him successfully – Whether his constructive dismissal claim ought to be allowed

DISMISSAL: Constructive dismissal – Salary – Claimant’s salary reduced during MCO despite the Government’s directive – Whether it had constituted a fundamental breach of the contract of employment – Factors to consider – Evidence adduced – Effect of – Company’s explanations – Whether acceptable – Whether it had justified him walking out of his employment and claiming constructive dismissal

DISMISSAL: Constructive dismissal – Scope of employment – Whether the claimant had been made to work beyond his scope of employment – Factors to consider – Evidence adduced – Evaluation of – Effect of – Position held by the claimant as against what he had been asked to do – Effect of – Company’s explanations – Whether acceptable – Whether it had amounted to a fundamental breach of the contract of employment – Whether it had justified him walking out of his employment and claiming constructive dismissal

INDUSTRIAL COURT: Procedure – Action – Non-payment of salary and commissions adjudicated at Labour Court – Whether the matter had been res judicata at the Industrial Court – Factors to consider – Evidence adduced – Effect of

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LIM WIN KHANG v. MALAYSIA AIRLINES BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 1131 OF 2022 [CASE NO: 4(19)/4-1031/20]
14 JUNE 2022

DISMISSAL: Abandonment – Claimant hired as a Pilot but unable to perform during his training sessions due to severe depression – His training sessions discontinued and his position changed to Flight Despatcher – Whether it had justified him walking out and claiming constructive dismissal – Factors to consider – Evidence adduced – Effect of – Whether he had acted hastily – Company offering him alternative positions to match his skill set – Effect of – Whether it had indicated an intention not to be bound by the contract of employment – Whether by walking out, he had effectively abandoned his employment with the company

DISMISSAL: Constructive dismissal – Claimant’s training sessions as a Pilot discontinued – Reasons for the same – Claimant suffering from depression, even before taking the job with the company but failing to disclose it – What the company could have done as against what it had actually done – What the company’s actions toward him had shown – Whether it had acted in bad faith towards him – Whether the discontinuance of his training sessions had been a fundamental breach of his employment contract – Factors to consider – Evidence adduced – Effect of – Whether it had justified him walking out and claiming constructive dismissal – Whether dismissal without just cause and excuse

DISMISSAL: Constructive dismissal – Job scope – Claimant’s job designation changed from Pilot to Flight Despatcher – Reasons for the same – Whether the claimant had possessed the required skill set – Whether he had been humiliated by COW1, thus causing him severe depression – Whether it had justified him walking out and claiming constructive dismissal – Factors to consider – Evidence adduced – Effect of – What he should have done instead – Company’s actions towards him – What it had shown – Whether it had amounted to a fundamental breach of his contract of employment – Whether it had justified him walking out claiming constructive dismissal

INDUSTRIAL COURT: Jurisdiction – Claimant’s testimony in Court mentioning three different dates re his constructive dismissal – Whether there had been lack of clarity on when he had been constructively dismissed

Award	Parties	Citation	Links
	Kolonel Dr Faiz Azraai Abdul Aziz lwn. Mahkamah Tentera Divisyen Keempat Infantri Malaysia [Rayuan Sivil No: W-01(A)-434-08-2019]	[2022] 3 ILR 211
	Rosmawati Ismail v. Pihak Berkuasa Tatatertib Majlis Bandaraya Pulau Pinang & Anor [Judicial Review No: PA-25-53-10-2020]	[2022] 3 ILR 230
870/2022	Nithya Shamini Gunasekaran lwn. United Champion Resources Sdn Bhd [No. Kes: 6(15)/4-2644/20]	[2022] 3 ILR 266
906/2022	Kalithas Sethabaram lwn. YWF Enterprise [No. Kes: 10/4-1023/21]	[2022] 3 ILR 271
1046/2022	Kilby Jacob Atticus v. Halliburton Business Services Sdn Bhd [Case No: 11/4-1693/21]	[2022] 3 ILR 281
1069/2022	Khizer Ahmed v. Ensoft Consulting Sdn Bhd [Case No: 22/4-2274/20]	[2022] 3 ILR 297
1070/2022	Tan Cheang Hin v. Prestige Scuba Sdn Bhd [Case No: 22/4-2757/20]	[2022] 3 ILR 314
1084/2022	Laura Selvi @ Andrew Laura Selvi v. Malaysian Institute Of Management/MIM Education Sdn Bhd [Case No: 21(23)(22)/4-2429/18]	[2022] 3 ILR 331
1087/2022	Kok Tzyy Yen v. Far East Offset & Engraving Sdn Bhd [Case No: 19/4-1388/20]	[2022] 3 ILR 343
1088/2022	Shaharin Mhd Razali lwn. Indah Water Konsortium Sdn Bhd [No. Kes: 10/4-508/21]	[2022] 3 ILR 352
1115/2022	Thomas Hans Raab v. Nokia Services And Networks Malaysia Sdn Bhd [Case No: 21/4-337/20]	[2022] 3 ILR 371
1131/2022	Lim Win Khang v. Malaysia Airlines Berhad [Case No: 4(19)/4-1031/20]	[2022] 3 ILR 413

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