The objectives of this study are to provide an analysis of constructive dismissal cases and to explore several practical issues involving claims of constructive dismissal. It starts by analyzing the Malaysian case laws which been categorized in eight dimensions namely (i) work/job (ii) transfer (iii) salary & benefits (iv) series of actions (v) disciplinary cases (vi) forced resignation (vii) demotion and (viii) general cases. It then explores on the lesson learnt for both the employer and employee by looking on various judgment made by the industrial court. It further analyses some cases on what employer’s actions constitute constructive dismissal, such as unilateral changes in work/job and changes to the level of pay or the benefits structure. The methodology used is qualitative analysis approach by examining 350 cases of case laws under the pretext of ‘constructive dismissal’ from Malaysian Industrial Court cases for a period of 10 years (1995-2004). From the analysis it was f.....

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