CD

AFINDI RAMLI & ANOR [2012]1 ILR 262

w/r transfer order is in breach of  fundamental terms of contract

Based on the terms of the Claimant's contract of emplyment, the Claimants were not employed to be stationed permanently at Genting Highlands exclusively but were subjected to transfer based on the transfer clause.

PRIMA FACIE

WELTEX KNOTWEAR INDUSTRIES SDN BHD LAW KAR TOY & ANOR [1998]  1 LNS 258

All dismissal is prima facie without just cause or excuse.

FORCED RESIGNATION

RG CHANDRASEGARAN V LIPO CORPORATION [2012] 1 ILR 241

Based on the principles found in Harpers Trading (M) Sdn Bhd Butterworth v Kesatuan Kebangsaan Pekerja Pekerja Perdagangan [1988] 2 ILR 314 the resignation letter was not voluntary but due to the pressure and threat imposed upon him.

Sulaiman Ismail, Industrial Court Penang