NURDIYANA IZZATI HAYADI v. SONOBEE ULTRASOUND SDN BHD
INDUSTRIAL COURT, PENANG
RUSITA MD LAZIM
AWARD NO. 961 OF 2026 [CASE NO: 9-4-1102-25]
19 JUNE 2026
Abstract – (i) An employee cannot be held liable for misconduct or negative public perception regarding a refusal to perform tasks for which they are not legally or professionally qualified. Fulfilling primary duties within professional limits to avoid negligence and misrepresentation constitutes reasonable performance of the employment contract; (ii) An employer cannot summarily dismiss an employee for prolonged absenteeism while that employee is on valid medical leave issued by a registered medical practitioner. If an employer doubts the validity of a medical certificate or the employee’s capacity, the employer must refer the employee to a medical board or a panel doctor for verification rather than executing a hasty termination. Termination due to prolonged illness or medical leave is a measure of last resort. It is only legally justifiable when the employer can prove that the illness is incurable and has effectively frustrated the employment contract.
ELANGOH ARUNACHALAM v. BEYEN SALES & SERVICES (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AMRIK SINGH
AWARD NO. 968 OF 2026 [CASE NO: 6-4-284-24]
22 JUNE 2026
Abstract – Where a company reinstates an employee but unilaterally strips them of their established core duties, targets them with discriminatory practices and fails to pay agreed salary arrears within the stipulated timeline, such conduct acts as a non-fulfillment of the reinstatement itself. Collectively, these actions amount to a repudiatory breach of a fundamental term of the employment contract, evincing an intention no longer to be bound by it, thereby justifying a claim for constructive dismissal.
