Worker argues employer coerced departure through suspension threats and misconduct warnings
The Industrial Court of Malaysia recently dealt with an employment dispute involving allegations of forced resignation following workplace harassment complaints.
A worker claimed his employer coerced him into resigning after he was suspended pending investigation into bullying allegations made by subordinates.
The worker argued that management pressured him to leave during a meeting where it became clear they favoured retaining the complainant over him.
He maintained that a subsequent email from HR warning about the consequences of gross misconduct termination constituted a threat designed to force his resignation.
However, the employer presented a different version of events, arguing the worker voluntarily negotiated his departure terms and even enquired about his payment entitlements before submitting his resignation.
The worker started employment as finance manager in April 2021 with a monthly salary of RM18,500, managing a team of accountants within the employer's shared services centre.
His duties included providing guidance to direct reports and performing annual reviews of subordinates.
Problems began around the worker's handling of probation reviews. Instead of conducting assessments himself, the worker repeatedly asked his probationary subordinates to complete their own review forms and schedule meetings with him to review and approve...
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