Case Update: Employees Cannot Pursue Claims For Damages For Wrongful Dismissal Via The Civil Courts

• Published date: 27 April 2023
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Contract of Employment, Unfair/ Wrongful Dismissal, Arbitration & Dispute Resolution
• Law Firm: Zul Rafique & Partners
• Author: Zul Rafique & Partners
• topic: Employment Law,Civil Procedure

EMPLOYMENT LAW
Employee - Inconsistent Performance - Bullied and Harassed - Damages - Alleged Depression - Constructive Dismissal - Industrial Relations Act 1967 - Civil Courts

7-Eleven Malaysia Sdn Bhd v Ashvine A/P Hari Krishnan
Civil Appeal No. W-02(IM)(NCVC)-629-04/2022 | Court of Appeal
- see the grounds of judgment here

Facts Ashvine A/P Hari Krishnan (the 'Respondent') was employed by 7-Eleven Malaysia Sdn Bhd (the 'Appellant') as its Senior Manager of Human Resources in 2019. In February 2021, the Respondent began reporting to Liew Kian Meng ('Liew'), the General Manager of Human Resources. As the Respondent's supervisor, Liew had some concerns about her performance and had raised this with the Respondent on several occasions. The Respondent alleged that the appraisal that was carried out with Liew was inherently unfair and that the Respondent was being bullied and harassed by Liew. Eventually, the Respondent resigned and in the resignation letter, the Respondent made reference to certain allegations which were directed at Liew. The Appellant did not address the allegations in its reply to the Respondent's resignation letter but by way of a subsequent letter, the Defendant...