Mastering The Law On Constructive Dismissal and Forced Resignation

Claims of Constructive Dismissal and Forced Resignation are in the rise in the private sector in Malaysia. Constructive dismissal occurs when an employer repudiates a contract of employment. The repudiation may take the form of a breach, anticipatory breach or notice of intention. It may be express or implied and it must go to the substance of the contract. The Court of Appeal in WESTERN EXCAVATING(E.C.C.) LTD. V SHARP [1978] I QB 761 it was held by Lord Denning MR: “If the employer is guilty of conduct which is a significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract, then the employee is entitled to treat himself as discharged from any further performance. If he does so, then he terminates the contract by reason of the employer’s conduct. In the case of STANLEY NG PENG HON V AAF PTE LTD [1978]1 LNS 186, Chair Singh J held that it will be clear that the underlying basis of the doctrine of 'force resignation' is the existence of facts showing that the employee was just under compulsion to resign and that if the employee declined to do so the employer would proceed to dismissed him in any event. These two days training covers all aspects of constructive dismissal and force resignation thus fosters good human resource management and prevention of claim for constructive dismissal and force resignation.