Court said employer exceeded contractual rights by creating uncertainty about employee's future
A former flight instructor in Malaysia has won back wages and compensation after the Court of Appeal ruled that he was constructively dismissed by his employer, according to reports.
The court overturned the decision made by the High Court, which upheld the ruling made by the Industrial Court on the case of K Sudhir, a former flight instructor of Layang-Layang Helicopter Academy Sdn Bhd.
Sudhir served at the Layang-Layang Helicopter Academy, now the Layang-Layang Flying Academy, from September 2014 until he walked out in November 2017, Free Malaysia Today reported.
According to the report, the walkout happened after Sudhir received a letter from his company that instructed him to go on leave from October 16, 2017, to January 14, 2018.
He was also asked to hand over his duties as head of training to another captain, as well as return his company car, laptop computer, office keys, and all intellectual property in his possession.
The letter further read that the company had the right to review his employment after his return, according to the FMT report.
Sudhir sought clarification from his supervisor on October 23 about the instructions, asking if the company had plans to dismiss him.
The former flight instructor said he considered himself constructively dismissed on November 13, 2017, after he didn't get a reply, the FMT reported.
He raised his case to the Industrial Court, alleging that he had been dismissed without just cause or excuse.
The court, however, dismissed the case, ruling that the academy did not breach Sudhir's employment contract, a decision later upheld by the Kota Kinabalu High Court when the matter was later filed to them.
But the Court of Appeal overturned these decisions in a recent ruling, the FMT reported.
According to the court, the company exceeded its contractual rights by creating uncertainty and ambiguity about Sudhir's position.
It also noted that it was wrong for the academy to remove Sudhir from his duties without clear communication, and that a clause in his contract allowed for reassignment in the organisation.
"The appellant has successfully discharged the onus on him to prove that there was a breach of the employment contract by the company," the court decided as quoted by FMT.
It ordered the payment of back wages and compensation to Sudhir, with the amount to be determined by the Industrial Court. It also ordered the employer to pay Sudhir RM20,000 in costs.
