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Constructive Dismissal in Malaysia

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GROUP ASSIGNMENT
LABOUR AND INDUSTRIAL RELATIONS BLR 3084
BC 226
Constructive Dismissal in Malaysia

NAME | ID NUMBER | Nur Sheriena Bt Gamal Nasir | 1071114274 | Amira Bt Ramli | 1071116705 | Sam Weng Keong | 1081106812 | Ashkan Sahraee | 1081107220 | Behnam Yami | 1071118686 | Gakegalale Resitanye Senabe | 1071117910 |

TABLE OF CONTENTS

| Topic | Pages | 1 | Introduction | 1 | 2 | Case 1 - Puan S. Santhi V TetuanDecanHussin | 2-5 | 3 | Case 2 - Azlan Zainal Abidin ,Ahmad Kamil Shahperi Shahibi, Samsudin Zainol Abidin VMalaysia Airlines | 6-8 | 4 | Case 3 – Puan Rasila Binti Hamzah VUMW Corporation Sdn Bhd | 9-10 | 5 | Conclusion | 11 | 6 | References | 12 |

INTRODUCTION
Constructive dismissal occurs when an employee terminates the contract of employment by appearing to resign. We say it appears so because it is not voluntary resignation. It is resignation caused by the employer’s behaviour. The classic case of constructive dismissal in Malaysia is the case of Wong Chee v Cathay Organization (1988).
It would be a constructive dismissal if an employer is guilty of a breach of the contract or if he has evinced an intention no longer to be bound by it. In such situation the employee is entitled to regard the contract as terminated and him as being dismissed. The following examples further demonstrate constructive dismissal, reduction of salary, downgrading, forced to resign or retire, behaviour by the employer intended to humiliate the employee, Transfer to a different location if such transferability is not clearly stated in the Letter of Appointment.
In order to claim constructive dismissal the employee should inform the employer in a form of a letter stating that he has been constructively dismissed. The workman has to leave at an appropriate time after the breach not after a long period of the breach

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