TSUNG FOONG CHEONG @ MARGARET v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) AXIATA GROUP BERHAD

wa-25-377-11-2023 High Court (Mahkamah Tinggi) 22 December 2025 • WA-25-377-11/2023 • 17 min read

11 cases cited (0 SG, 11 foreign)

Catchwords

Judicial Review-constructive dismissal-Applicant tendered resignation, considered herself to be constructively dismissed-given unfair assessment-evaluation of performance is a management prerogative-applicant complains she was assigned tasks commensurate with lower ranking officers-ousted from her role as Contract Management Lead-denied that she refused to accept KPI set-not allowed to work from home- whether conduct of employer was tantamount to a breach of fundamental terms of the contract-whether decision of Industrial Court irrational on the evidence-whether a different decision maker would have come to the same findings-court in exercising powers of review do not intervene in findings of facts by Industrial Court

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (5)

Azmi Fadzly Maha & Sim Firm T. Thavalingam & Co Firm Deepak Mahadevan Counsel Applicant Faeza Suraya Roslan Counsel Applicant Sebastian Tay Counsel Respondent

Parties (3)

AXIATA GROUP BERHAD Respondent MAHKAMAH PERUSAHAAN MALAYSIA Respondent Tsung Foong Cheong @ Margaret Applicant

Cases Cited (11)

MY (11)

[1988] 1 MLJ 92 [1997] 1 MLJ 145 [2000] 2 MLJ 144 [2000] 2 MLJ 600 [2000] 7 MLJ 1 [2001] 4 MLJ 97 [2004] 2 MLJ 288 [2006] 3 MLJ 493 [2010] 6 MLJ 1 [2021] 1 MLJ 447 [2024] 6 CLJ 315

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-25-377-11-2023)