JUDGMENT

Introduction

[1] This appeal mainly concerns the applicable test concerning constructive dismissal which was claimed by one Tan Leong Huat, ("Mr Tan") an employee of RHB Bank Berhad (the respondent, and hereinafter referred to as "the Bank"). After the demise of Mr Tan on 15 March 2022, the deceased was represented by Tan Lay Peng ("the appellant") as the administrator of the estate of the deceased.

[2] On 25 March 2019, the Industrial Court allowed Mr Tan's claim for constructive dismissal and awarded the sum of RM216,840.00. An application for judicial review by the Bank at the High Court for certiorari to quash the decision was dismissed on 26 June 2020. However, on appeal, the Court of Appeal, on 21 October 2021, allowed the appeal by the Bank, set aside the decision of the High Court and granted the certiorari to quash the decision of the Industrial Court.

[3] Thereafter, on 21 March 2023, this Court allowed leave for the appellant to appeal on the following question of law:

"Is there a difference in the contract test or reasonable test in light of major developments in industrial jurisprudence?"

The Background Facts

[4] On 13 June 2011, Mr Tan was employed by the Bank as its Operations Head, Thailand Operations in Bangkok, the sole branch of the Bank at the material time. The terms of the employment were spelled out in the Offer of Employment letter dated 20 May 2011. He was required to report to the Head of Thailand Operations, Mr Thiti Musawan, and subsequently to the Thailand Country Head, Mr Wong Kee Poh.

[5] In November 2013, the Bank opened its second branch in Sri Racha which was placed under the supervision of Mr Tan. In June 2014, the Bank appointed Ms Marina Chin Yoke Fong as the Head of Thailand Operations to oversee the operations of the Bangkok, Sri Racha, and the intended Ayutthaya branches.