FOO JIN KEAT v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) MSM PRAI BERHAD

pa-16a-10-12-2023 High Court (Mahkamah Tinggi) 22 October 2024 • PA-16A-10-12/2023 • 11 min read
3 cases cited (0 SG, 3 foreign)

Outcome

Based on the above reasons, I dismissed the Claimant’s appeal with cost RM5,000.00 to be paid by the Claimant to the Company.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (pa-16a-10-12-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

I am of the opinion that the Claimant cannot be said as has been constructively dismissed by the Company when the Claimant himself had on his own accord, abandoned his employment with the Company. Memorandum of Agreement dated 22.4.2021 has been entered to by both parties for the purpose for the Claimant to return to his original position but this was disregard by the Claimant himself. Therefore, I found it unjustified to conclude that the Claimant had been constructively dismissed.

Practice Areas

Employment & Industrial Relations

Judges (1)

Rozana binti Ali Yusoff Delivered

Counsel (5)

Dominic Pragasam Tan & Co. Firm T. Thavalingam & Co Firm Dominic Selvam Counsel Appellant Farah Dini Zaini Counsel Respondent T. Thavalingam Counsel Respondent

Parties (3)

MAHKAMAH PERUSAHAAN MALAYSIA Respondent MSM PRAI BERHAD Respondent Foo Jin Keat Appellant

Cases Cited (3)

MY (3)
[1980] 2 MLJ 139 [1998] 2 CLJ 197 [2003] 2 CLJ 19

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-16a-10-12-2023)