JUDGMENT

Introduction

[1] This is an appeal against the decision of the High Court that allowed a judicial review application in favour of an employee who failed get relief before the Industrial Court. Before us, only two main issues were argued, ie whether the Industrial Court had substantive jurisdiction in view of the fact that reinstatement was not pleaded and whether the employee was constructively dismissed.

Background Facts

[2] The respondent worked as a sales representative with the appellant since 1977. His duties included sales, distribution, promotion, debt collection and merchandising in relation to the product of his employer which is liquor and spirits. He was also assigned a sales coverage area. He was paid a monthly salary. He was also paid a commission as is the norm with regard to sales representatives. The sales commission rate was based on a formula that took into account the revenue collected from sales and the time period within which it was collected. It was known as the Sales Commission Scheme. The respondent was given an annual increment of RM50 until 2007. Thereafter, his basic salary of RM2000 per month was not increased.