Escolar Documentos
Profissional Documentos
Cultura Documentos
CONSTRUCTIVE DISMISSAL
PRESENTED BY: SYAHIRAH MUHAMMAD SUFIAN SAWARI 09BB02022 BACHELOR HUMAN RESOURCE MANAGEMENT (HONS) INTERNATIONAL ISLAMIC UNIVERSITY COLLEGE SELANGOR
MAIN MENU
What Is Constructive Dismissal? To Prove The Constructive Dismissal Has Happened Behavior That Amounts to Breach of Contract Claims of Constructive Dismissal Previous Cases/Awards Statistics of Claims of Constructive Dismissal Video
An employee is forced to leave his employment as a result of the employer breaching the employment contract. The employee treats himself as having been dismissed.
1
2 3
An important and significant change in your duties e. g. if you are a sales manager and you have most of your sales activities removed Imposing a disciplinary punishment which is grossly out of proportion to the offence that you have committed.
e.g: The employee making the claim will leave his employment and report to the Industrial Relations Department. Conciliation will be conducted and if no settlement is reached, the Minister of Human Resources will decide whether or not to refer the dispute to Industrial Court for arbitration.
The Claimant was demoted to an unfair position. His actual pay was reduced and he was criticised persistently over eight (8) months by the employer and threatened with dismissal if his performance did not improve. The Court held that the Claimant was entitled to treat the conduct of the employer as amounting to a breach of the implied obligation of mutual trust and confidence and thereby enabling the Claimant to complain that he had been constructively dismissed.
The Court held that the Claimant had been constructively dismissed by reason of the action of the employer in unilaterally varying/reducing the salary of the Claimant.
The Claimant was transferred from a managerial position to what was in fact a storekeepers position. The Claimant was held to have been constructively dismissed.
Constructive Misconduct
22 2144
42 2051
97 1200
126 878
140 613
135 608
91 639
Retrenchment
Others TOTAL
16
0 2182
32
0 2125
422
402 2121
155
573 1732
114
328 1195
67
479 1289
90
640 1460
THANK YOU
NORHAFIZA NORDIN..
MAY ALLAH BLESS YOU AND GRANT YOU WITH A HAPPINESS LIFE EVER AFTER