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: