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Award No:349/2023
  
Company:NGN Connection Sdn Bhd
  
Claimant:  Zalina Binti Rasidi 
 
  
Case  
  

Mr Justin Lee from our Industrial Relations Department successfully defended our member company, NGN Connection Sdn Bhd in a Constructive Dismissal claim brought by a former employee of the Company pursuant to Section 20 of the Industrial Relations Act 1967 (“IRA”) at the Industrial Court of Kuala Lumpur.

Brief Facts

The Claimant joined N2N Global Solution Sdn Bhd on 28.01.2019 which was the subsidiary of the Company as Helpdesk and Customer Service Executive. Later, under her request and with the agreement of the Company, she was transferred to the Company’s Central Quality Assurance (CQA), as Quality Engineer. The transfer took effect on 1.2.2021.

The Claimant tendered her resignation on 3.5.2021 and later claimed constructive dismissal against the Company.

The Claimant was not represented and presented herself as the only witness and the Company presented 1 witness, Ms Esther Wong Wan Chiin.

The Claimant alleged that when she was transferred from N2N Global Solutions Sdn Bhd to the Company, ‘the transfer was done without any proper mutual understanding or consensus, but being pushed and abused by the willpower of the Employer itself to coax the Claimant to sign every other agreement documents’. She further alleged that, ‘Employer defines itself is such a misuse of power, insult and abusive conduct of owning the Employees without they themselves having a proper documentation and excellent working conditions’.

 
  
Held   
  

​The transfer of the Claimant from N2N Global Solutions to the Company was based on a new employment offer and she was bound by a probation period of 3 months. The Claimant admitted and agreed to the arrangement in her transfer requisition form.

There were also other allegations by the Claimant including misuse of power by the Company against her, but all these allegations were not mentioned during the hearing or in the Claimant’s witness statement. The Claimant also did not challenge nor cross-examine the Company’s witness.

The Court also found that there was no testimony by the Claimant that the Company had intention to terminate her service.

On the other 8 allegations made the Claimant stated in her letter dated 28.5.2021, the Court found that all her allegations were not considered as a breach of the employment contract but of an issue that should be solved by the Company’s internal management.

Furthermore, the burden of proof lies on the Claimant if there is a claim of breach of contract but she has failed to provide any witness or any documents to prove her case.

The Court also found that all her allegations in her letter dated 28.5.2021 was written when she was no longer the employee of the Company and most of the alleged incidents happened in 2019 when she was still with N2N Global Solutions Sdn Bhd and not with the Company.

The Court viewed that the Claimant tendered her resignation voluntarily and it was the Company’s prerogative to accept or reject her resignation and later her intention to revoke her resignation. It does not render the termination void.

Since there was no termination of service by the Company, there is no issue of whether the termination was without just cause or excuse. Thus, the Claimant’s claim for unfair/constructive dismissal was dismissed.

For full Award, please click HERE (Members Login Required)

MEF Consultant-in-Charge: Mr. Justin Lee

For more insight on Industrial Relations, please contact any of our IR Consultants at https://www.mef.org.my/ContactUs/consultants.aspx

  
 
Tags/Keywords
constructive dismissal, probation, breach of contract, resignation, termination of service
  
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