The common law has long recognised the right of an employee to
terminate their contract of service. Therefore, for employees to be
discharged from their obligations under the employment contract, it
must be shown that the employer is guilty of a breach that affects
the foundation of the labour or if the employer has displayed an
intention to no longer be confined to such work relationship thus
leading to a constructive dismissal.
In view of the above, over the years, Malaysian case laws have
firmly established the doctrine and elements of constructive
dismissal. As a result, constructive dismissal was successfully
enshrined within the bounds of Section 20 of the
Industrial Relations Act
19671,
which means dismissal rights under the law were extended to
employees who are compelled to exit a workplace due to an
employer's detrimental actions. Discussed below is a perusal
of such principles and case laws for a better understanding on the
concept of constructive
