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.
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