Worker argues employer breached contract by moving her from HR to revenue-generating position without consultation
The Industrial Court of Malaysia recently dealt with a significant constructive dismissal case involving a senior HR manager who claimed she was forced to resign after being transferred to an unfamiliar revenue-generating role without consultation or adequate preparation.
The worker argued that her employer fundamentally breached their employment contract by transferring her from a cost-centred HR position to a profit-centred role requiring skills and experience she did not possess.
She claimed the transfer was made without prior discussion, proper job descriptions, or adequate support, and was accompanied by demeaning changes to her workplace conditions.
The worker had been employed as general manager of human capital since September 2016 at a government-linked corporation under the Ministry of Investment, Trade and Industry.
She worked under successive fixed-term contracts that were consistently renewed without breaks in service, focusing exclusively on HR functions throughout her five-year tenure with the organisation.
In March 2021, the employer implemented a company-wide reorganisation aimed at achieving financial sustainability and reducing dependence on government funding.
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