Peguam Muda

1)            Constructive dismissal is a term used when an employee terminates his employment contract and considers himself discharged from further performance of his work as a result of his employer’s behaviour. For example, the employer has made the employee’s position at work untenable leaving the employee with no alternative but to quit his employment under protest. Although there is no actual dismissal by the employer, the end result is the same as if the employee had been fired. 2)            Gopal Sri Ram JCA in Quah Swee Khoon v Sime Darby Bhd [2001] 1 CLJ 9 at 19 described ‘constructive dismissal’ as follows: “A reading of the pleaded case for the parties resolved the issue that fell for adjudication before the Industrial Court into what the profession has come to call as a “constructive dismissal”. There is no magic in the phrase. It simply means this. An employer does not like...