The HR/IR/ER Practitioners play a vital role in recognizing and dealing appropriately regarding Constructive dismissal claims. Constructive dismissal is a form of termination that occurs when an employer's actions or omissions make an employee's working conditions intolerable, has become an increasingly prevalent issue in Malaysia. It is a legal term used to describe a situation where the employee quits under protest because of the employer's actions that have violated the fundamental terms of the employment contract. There are employees who claim constructive dismissal based on issues which may not be based on breach of contract expressly or implied and there are also cases which are based on fundamental breach of contract of employment.
Constructive dismissal claim is a very COMPLEX concept and this needs to be understood very carefully. Hence, it is strongly advised that all HR/IR/ER Practitioners to attend this session and to have a comprehensive understanding of this subject matter of Constructive dismissal in order to avoid any potential liability where the Company may lose a case at the Industrial Court on a Constructive dismissal claim brought by an employee and consequently, the Company may have to pay an enormous sums of money if the dismissed employee is reinstated or awarded back wages as well as compensation in lieu of reinstatement, not forgetting that the Industrial Court may in appropriate circumstances also award punitive damages as well.