On May 20, 2015, Jerald Wong Thai Hian, 42, was issued a notice of termination for poor performance by his then employer, ICE Mobile Sdn Bhd.

Wong’s employment contract obliged him to serve a three-month notice period, ending Aug 19, 2015. Seven days after being served the notice, he walked out of his employment, claiming he had been constructively dismissed.

Recognising that there were two potentially different events which may have brought about the termination of Wong’s employment, Industrial Court chairman Sarojini Kandasamy concluded that the proper inquiry ought to be into his allegation of constructive dismissal.

“The termination of the claimant (Wong) had not been effected on May 27, 2015 and was supervened by (his) claim for constructive dismissal on that date,” Sarojini had said in a 2019 award.

Wong’s judicial review application to quash that award was dismissed by the High Court on Jan 31 last year, giving rise to the present appeal.

“The Industrial Court had made a correct finding that the issue before it was that of constructive dismissal,” Justice Azizah Nawawi, who chaired the Court of Appeal panel, said, after hearing arguments from both parties via Zoom.

Azizah, who sat with M Nantha Balan and Darryl Goon, also noted that the Industrial Court had found Wong’s poor performance duly proven by his employer at the trial.

“As the appellate court in a judicial review application, we would be slow to disturb a finding of fact by the Industrial Court,” she said. “Therefore, the decision of the High Court is affirmed.”

Wong was ordered to pay RM10,000 in costs. He was represented by Loke Yuen Hong.

Clement Lopez acted for ICE Mobile.