Constructive Dismissal

Lee Hoi Moy VS Syabas

Gemilang Auto SDN. BHD

Group: Mohd Firdaus

Mohd Ngah Ismail
William
Sebastian
Ninie
Summary of facts
Claimant : Lee Hoi Moy
Respondent : Syabas Gemilang Auto Sdn. Bhd.

- Given a transfer notice with immediate effect

- Tried to get info but served with a warning letter
- Claimed MB verbally terminated her service
- Sought assistance from the Industrial Relations
Department
- Written a letter to seek clarification of employment to
the company
 The transfer was in line with company reorganization to
maximize production
Claimed the claimant failed to discuss important matters
regarding the transfer
Decided not to reply the letter send by claimant due to
considered she had been constructive dismissed
Revealed theres no appointment letter was issued due to
claimant
Judgement of The Court
Industrial Court
The court found that there was no actuation of mala fide
Failed to discharge the burden of showing constructively
dismissed.
The claimant had voluntarily resigned.
 There will be no dismissal within the meaning of legislation
at all.
Relevance/important of the case

Lai Meng Hua v Tai Kwong Battery (KL) SDN BHD [2014] 1 ILR 346

Ladang Holyrood v. Ayasamy Manikam & Ors (supra)

Ladang Holyrood v Ayasamy Manikam & Ors
[2004] 2 CLJ 697
Court of Appeal held that:
An employer has the implied right to transfer its employees.
No express term in the contract of service is necessary.
The transfer, however, must not be actuated by mala fide and must
not involve a change in terms of employment to the detriment of the
employee.
Lai Meng Hua v Tai Kwong Battery (KL) SDN
BHD [2014] 1 ILR 346
The Industrial Court held that when an employee felt that the transfer
had been a breach of contract of his employment, he should left
immediately.