Malaysia-Burden To Prove Constructive Dismissal

In Elya Designs Sdn Bhd v Mahkamah Perusahaan Malaysia & Anor [2010] MLJU 2186, it was held that:-

"[14] 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 [1998] 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. ..."

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