Pregnant employee awarded RM66,000 for constructive dismissal

The Industrial Court rules that Bru-Haas Sdn Bhd was wrong to renege on its assurance that Choong Siew Fong could work from home during her pregnancy.

KUALA LUMPUR: The Industrial Court has awarded RM66,000 in compensation to a former assistant office administrator for constructive dismissal, ruling that her employer took a series of actions designed to drive her away from employment during her pregnancy.

Court chairman Augustine Anthony said Bru-Haas Sdn Bhd, a company involved in the sale of electrical, electronic and telecommunications products, devised certain tactics and methods to force Choong Siew Fong out of her employment.

“Regrettably so against an employee who was grappling with the fear of the risk of Covid-19 and how that infection, if it ever happened, would affect her unborn child,” he said.

He said if Choong had yielded to the company’s pressure, the employer would have succeeded in securing the end of her employment contract without having to directly terminate her.

“It is this type of indirect tactics used by companies to drive employees out of employment that gives rise to a claim of constructive dismissal,” Anthony said in his 41-page award released earlier this month.

He said based on the evidence, it was clear that the company had conducted itself in a manner that could only be construed as a breach of mutual trust and confidence between Choong and the employer.

Anthony said the company did not remedy the breaches of the essential terms of the contract despite receiving a letter from Choong’s lawyers dated Sept 24, 2021.

The court chairman held that Choong, knowing the company was not prepared to remedy the breaches, walked out of the job on Oct 1, 2021, and was correct to claim that she had been constructively dismissed.

Anthony said the company reneged on its earlier assurance that Choong could work from home for the duration of her pregnancy.

He said the company later forced her to work in the office despite her doctor’s advice.

The court ruled that the company’s subsequent conduct, which involved pressuring her to tender her resignation by going to the extent of preparing her final pay cheque and a termination letter for her use without a proper discussion, was exceedingly undesirable.

Choong began work on July 1, 2019, and her last drawn monthly salary was RM6,000.

Anthony said since Choong had found another job, reinstatement to her former position in the company was not a suitable remedy.

He awarded the claimant RM54,000 in back wages and another RM12,000 in compensation in lieu of reinstatement.

Lawyers Iris Lim and Chang Carrie represented the claimant while Sarita Ashok Khandar and Vimalan Ramanathan appeared for Bru-Haas.