- T. THAVALINGAM & CO.
Constructive Dismissal: Time is of the Essence
Pusparani A/P P. Balasingam v. Mahkamah Perusahaan & Anor.
Kuala Lumpur High Court Judicial Review Application No: WA-25-219-06/2021
The Applicant (a senior personnel) had been reinstated to her original position of Legal Manager in Westports Malaysia Sdn Bhd (“the Company”) vide a Consent Memorandum at the Industrial Relations Department following her first constructive dismissal claim.
Barely two weeks after her return to work, the Applicant had alleged that she was constructively dismissed for the second time due to grievances in respect of, amongst others, the job objectives assigned to her.
The Applicant proceeded to litigate her claim at the Industrial Court, which had ultimately rejected her claim of constructive dismissal, observing as follows:
The Applicant had failed to give sufficient time and opportunity for the Company to respond to the issues she had raised and had acted in an exceedingly hasty manner in treating herself as constructively dismissed; and
The Applicant’s concerns vis-à-vis the job objectives assigned to her did not entail a fundamental breach of her contract. In any case, the Industrial Court recognised that job objectives are not cast in stone and the same will invariably change over time.
The Applicant being aggrieved by the above decision, filed an application for judicial review, seeking amongst others, an order to quash the Award of the Industrial Court.
The learned High Court Judge upheld the Award of the Industrial Court and found that the same did not suffer from any infirmities of illegality or irrationality warranting the curial intervention of the High Court.
The Industrial Court Award can be accessed below.
Westports Malaysia Sdn Bhd was represented by our Managing Partner, Dato Thavalingam C. Thavarajah and Senior Associate, Rebecca Sonali Alfred.