Incorporating Employment (Amendment) Act 2022
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Award No:32/2014
  
Company:Sapura Brake Technologies Sdn Bhd
  
Claimant:  Mawlud Mustain 
 
  
Case  
  
​The employee was employed by the company as Marketing Manager and he was transferred many times during his employment.
 
In March 2006, he was informed that he would be transferred to Sapura Industrial Berhad as Manager of Group Human Resources and Administration.
 
He responded by letter requesting that he be retained in the Marketing Department.
 
The company instructed that the employee report for work on June 7, 2006 but he failed to do so. The company then issued him a notice asking him to make payment in lieu of notice.
 
Issue:
 
1.  Whether the employee had been constructively dismissed?

2.  Whether the company’s action had amounted to a fundamental breach of the contract of employment?

3.  Whether the dismissal is with just cause and excuse?
 
The employee contended that he was constructively dismissed when he was transferred from the Marketing to the Human Resource and Administration Department.
 
The company contended that the employee abandoned his job. Even though the company’s right to transfer the employee was based on its discretion, there was no evidence that the company had victimized the employee by transferring him to other department.
 
 
  
Held   
  
​On the balance of probabilities, the employee failed to prove that the company had acted in a manner which resulted in a breakdown of the relationship of mutual trust and confidence between employer and employee. Evidence indicated that the company was still willing to keep the employee in employment.
 
The employee should not have walked out based on the assumption that the transfer was a breach of his contract of service.
 
Claim for constructive dismissal dismissed.
  
 
Tags/Keywords
constructive dismissal, transfer
  
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