Situation 1: Wages Breach – This is when the contract says pay you X amount and they paid you Y amount.
A good case is this one: Maldo-Kaj Communications Sdn Bhd v. Abdul Kaadar Bin Mohd [1995] 2 ILR 494
The company decided to change Abdul Kaadar’s wages from fixed salary to commission basis. He not happy, left the job and claimed constructive dismissal. Very obvious one to win because the company was guilty of a fundamental breach for the obvious reason, the terms to be commission basis was not in the terms of Abdul Kaadar’s contract.
Situation 2: Job Function Breach – This is when the company hires you to do job X but instructs you to do job Y instead.
An easy demonstration: Jaya Jusco Stores Sdn Bhd v. Ganesan A/L Rajoo [1991] 1 ILR 321
Ganesan was hired as a maintenance mechanic. But he was told to wash dishes and clean up the store. Too obvious to win because the changes of work duties were too far out from what he was hired for as a mechanic.
So again, it’s simple. If the employer is guilty of conduct which is a significant breach going to the root of the contract of employment and the employee terminates his contract because of this conduct, then the employee is constructively dismissed.
You hired the fella to do job X for X pay. Stick to it.
Bimbo
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