MOHD SOFIAN BIN AMIRUDIN v BANK SIMPANAN NASIONAL
Catchwords
Full trial - Plaintiff VP at defendant bank on successive fixed term contracts; claimed transfer a demotion and therefore constructive dismissal. Issues - whether High Court has jurisdiction; whether on permanent employment disguised as fixed term; whether the transfer was a demotion and breach of contract; if so-what damages can be awarded; whether counterclaim with basis? Court holds - 1) In light of Plaintiff being deprived of having claim heard in the Industrial Court as Bank is a statutory body, the High Court does have jurisdiction to consider the matter based on breach of contract; 2) The Plaintiff's employment was on genuine fixed term basis; 3) The Plaintiff has successfully established that the transfer was a demotion and a breach of his contract; 4) The plaintiff was entitled to damages but limited to the salary and fixed allowances for the remaining balance of the fixed term contract. All other claims for damages dismissed as unmaintainable; 5) In light of finding of breach by Defendant - counterclaim dismissed"
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-290-05-2022)