Malaysia-Burden To Prove Constructive Dismissal
In Elya Designs Sdn Bhd v Mahkamah Perusahaan Malaysia & Anor  MLJU 2186, it was held that:-
" It is trite law in a claim of constructive dismissal, the burden of proof lies on the employee on a balance of probabilities. (Weltex Knitwear Industries Sdn Bhd v. Law Kar Toy & Anor  1 LNS 258). In doing, so the second respondent must prove:
- i)The applicant, by its conduct, had breached a term of his contract of employment or had evinced an intention no longer to be bound by it;
- ii)The breach is a fundamental that goes to the root of the contract;
- iii)He left in response to that breach and not for some unconnected reason; and
- iv)He did not unreasonably delay in terminating the contract of employment otherwise he may be deemed to have waived the said breach. ..."