Sudhir A/l A K Kumaren v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) Layang-layang Helicopter Academy Sdn. Bhd.

s-01ncvca-659-09-2022 Court of Appeal (Mahkamah Rayuan) 22 January 2025 • S-01(NCvC)(A)-659-09/2022 • 56 min read
34 cases cited (0 SG, 34 foreign)

Catchwords

Section 20 of the Industrial Relation Act 1967 - representations on dismissals - the role of the court in judicial review - exercise a supervisory not appellate jurisdiction - the applicable test in constructive dismissal cases – issue: whether the appellant was constructively dismissed? – Ground 1: misapplication of constructive dismissal “contract test" - collective effect of actions - directive to go on leave - Regulation 72(4) of the Civil Aviation Regulations 2016 - demand for return of company property - future employment - failure to respond to the appellant's clarification letter – Ground 2: Ground 2: Wednesbury Unreasonableness - Ground 3: findings of fact - Ground 4: Delay in resignation - Ground 5: Limits on transfer rights - conduct is tantamount to constructive dismissal - conduct is unreasonable - payment of back wages and compensation to be assessed - case to be remitted to the Industrial Court for assessment

Practice Areas

Section 20 of the Industrial Relation Act 1967

Judges (3)

Azhahari Kamal bin Ramli Coram Azmi bin Ariffin Delivered Che Mohd Ruzima bin Ghazali Coram

Counsel (4)

Ronny Cham & Co Firm S. Vanugopal & Partners Firm Ian Cham Chi Onn Counsel Appellant Sukumaran Vanugopal Counsel Respondent

Parties (3)

Layang-layang Helicopter Academy Sdn Bhd Respondent MAHKAMAH PERUSAHAAN MALAYSIA Respondent Sudhir a/l A K Kumaren Appellant

Case Significance

Sudhir A/l A K Kumaren v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) Layang-layang... is a Court of Appeal (Mahkamah Rayuan) decision dated January 22, 2025 (citation: s-01ncvca-659-09-2022). <p>A helicopter instructor challenged his constructive dismissal by a Sabah-based flying academy after being forced to go on leave and return company property without clear justification. The Court of Appeal allowed the appeal, finding the employer's conduct constituted constructive dismissal, set aside the High Court and Industrial Court decisions, and remitted the case for assessment of back wages and compensation.</p> The panel comprised Azhahari Kamal bin Ramli, Azmi bin Ariffin and Che Mohd Ruzima bin Ghazali, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Ian Cham Chi Onn (counsel for appellant), Sukumaran Vanugopal (counsel for respondent).

Summary

A helicopter instructor challenged his constructive dismissal by a Sabah-based flying academy after being forced to go on leave and return company property without clear justification. The Court of Appeal allowed the appeal, finding the employer's conduct constituted constructive dismissal, set aside the High Court and Industrial Court decisions, and remitted the case for assessment of back wages and compensation.

What was the outcome of Sudhir A/l A K Kumaren v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) Layang-layang...?

<p>A helicopter instructor challenged his constructive dismissal by a Sabah-based flying academy after being forced to go on leave and return company ...

Cases Cited (34)

UK (6)
[1930] AC 271 [1969] 3 All ER 1126 [1978] 1 All ER 713 [1978] 1 QB 761 [1978] 2 WLR 344 [1985] AC 374
MY (28)
[1988] 1 CLJ 45 [1988] 1 MLJ 92 [1988] 3 MLJ 204 [1988] MLJ 92 [1991] 1 MLJ 417 [1992] 1 CLJ 141 [1995] 1 MLJ 308 [1995] 2 CLJ 749 [1995] MLJU 558 [1997] 1 CLJ 147 [1997] 1 MLJ 145 [1998] 2 CLJ 197 [1998] 2 MLJ 599 [1998] MLJU 83 [2001] 1 CLJ 9 [2002] 1 CLJ 181 [2003] 4 CLJ 625 [2006] 2 CLJ 501 [2015] MLJU 1965 [2017] 8 CLJ 159 [2021] 10 CLJ 73 [2021] 5 MLJ 574 [2022] MLJU 3174 [2023] 2 CLJ 34 [2023] 4 CLJ 532 [2023] 4 CLJ 895 [2023] 9 CLJ 345 [2024] 6 CLJ 315