Incorporating Employment (Amendment) Act 2022
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Award No:2580/2022
  
Company:Bursa Malaysia Berhad
  
Claimant:  Saidi Bin Ahmad 
 
  
Case  
  
  • ​The Claimant was issued with a Notice to Show Cause dated 20.03.2020 due to some allegations of misconduct against him.
  • On 08.04.2020, the Claimant replied to the Notice to Show Cause and thereafter, on 20.04.2020, the Claimant tendered his resignation with 3 months’ notice.
  • The Company received the Claimant’s reply letter on 05.05.2020 and unsatisfied with the explanation given, the Company issued him with a warning letter. The Company then on 18.05.2020, accepted the Claimant’s resignation letter and the Claimant was informed that his last date of employment was on 19.07.2020.
  • The Claimant then claimed for a constructive dismissal against the Company.
 
  
Held   
  
  • ​​The Industrial Court upheld that the Claimant cannot claim that the Company’s Notice to Show Cause had caused the fundamental breach of his employment contract with the Company as the purpose of the Company issued him with the said notice was to comply with the principle of natural justice i.e. right to be heard. The Notice to Show Cause is not in any event as a form of punishment.
  • Thus, the Claimant’s constructive dismissal claim is dismissed.
 
MEF Consultant-in-Charge: Ms Uma Devi a/p Prapakaran
 
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, show cause
  
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