Question 1

Gan Sin Drew started working with Regal Properties Sdn Bhd as the Senior Finance Manager in 2012. She reported to the Chief Financial Officer from 2012 until 2020 when the CFO retires, and Sin Drew was asked to continue assist the company in its growth. Subsequently, on 1 ^stMay 2020, she was promoted to be the Group Financial Controller and her monthly salary increased to RM20,OOO.

However, in January 2022, Sin Drew received a letter informing that she has been designated as Director of Finance, a role that she views as a step down from her current position although there was no reduction in salary. As Director of Finance, she will only manage the financial affairs of the main office whereas as Financial Controller, she was responsible for the whole group of companies.

She was also introduced to Mr. Alias Rahman by the CEO of the company and was told that Mr. Alias will be the company's new CFO. A few days later, Sin Drew received an email from the Human Resources Department instructing her to give her current parking space in the management row to Mr. Alias and she was a given another space further down. Sin Drew was upset by this because her parking space was taken away while ten other managers who are more junior than her get to keep their parking lots.

Sin Drew was frustrated with the company's decision to appoint Mr. Alias who she thinks has lesser experience compared to her and because she was given the impression by the company that eventually the CFO position would be hers. The final strike was when the company only awarded her one-month bonus for the year even though her performance was ranked 4 or exceeds expectation. Normally employees in this category would receive no less than threemonth bonus. Dejected, Sin Drew decides to hand in her resignation, giving one months' notice. In her resignation letter, she thanked the company for all opportunities given to her, but it is time she moves to further her career. She also indicated her willingness to help the company in the current public listing exercise targeted to be completed by the end of the year. The company accepts her resignation but was surprised when two week later, they were informed that Sin Drew has filed a claim for constructive dismissal against the company.

Based on the scenario above, discuss the possibility of Sin Drew winning her claim of constructive dismissal against Regal Properties Sdn Bhd. Your answer must include explanations of the law relating to constructive dismissal in Malaysia, a case law to support and your application of the facts of the case to the law. (18 Marks)