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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 …show more content…

IV She claims that she has no problem working in the company in response to letter issued for her poor performing dated 18 April 2007. V She claimed that the company did not renew her PC. The firm’s statement (represented by SarasvathyKrishnasamy) SarasvathyKrishnasamy, who is the partner of the company claims as following; I The claimant’s previous firm had already applied PC for her and II She did not notified nor submitted her PC to the company and therefore the company had no knowledge of the claimant securing PC for the year 2007. III The company did not receive any letter for unpaid leave by the claimant, she only realized when the claimant called her and asked for leave extension. IV The letter contains unauthorized company’s chop and signature. V The letter dated 18 April 2007 was sentto claimant due to her poor performance during 5 months. The letter could not be send earlier because the claimant was with them for a short period and she wants the claimant to produce the kind of work produced by a Legal Assistant with 6 years’ practice. The Law The law in Malaysia for constructive dismissal clearly set out in the Supreme Court case of Wong Chee Hong V Cathay Organization (M) Sdn.Bhd. According to SallehAbas, “We think the word “dismissal" in this section should be interpreted in reference to the common law principle. Thus it would be

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