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.
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.