HR/IR/ER practitioners play a crucial
role in identifying and handling
constructive dismissal claims, a
growing issue in Malaysia. Constructive
dismissal occurs when an employer’s
actions or omissions make working
conditions intolerable, leading an
employee to resign in protest due to a
breach of fundamental employment
terms. Claims can arise from issues not
directly tied to a contract breach from
a clear fundamental breach. Because
constructive dismissal is a complex
legal concept, it is essential for
HR/IR/ER practitioners to fully
understand it to prevent potential
liabilities, including losing cases at the
Industrial Court, which could result in
the company paying substantial sums
in back wages and compensation.