- 一名人事部主管在工业法庭举报她被公司”建设性解雇”(Constructive Dismissal)。她投诉受到直属上司的性骚扰，然而当通知公司高级管理人员时，他们却没有采取任何行动。
- 在此个案中，法庭裁定员工的确是因为公司的缘故，导致无法继续工作而被迫辞职。更多有关”建设性解雇”的资讯，请点击Constructive Dismissal的文章。
- 高等法庭认同工业法庭的决定，即已被建设该员工的确被公司”建设性解雇”(Constructive Dismissal)，公司的司法复核申请被驳回。
Multiple Incidents of Sexually Inappropriate Behaviour
- A Personnel Executive claimed constructive dismissal at the Industrial Court on the grounds that she had been sexually harassed by her immediate superior and yet when she had informed the senior management, they had taken no action.
- The Court found that she had been constructively dismissed and was awarded compensation.
- The Company filed for judicial review at the High Court. However, this Court also found that the Executive had a good claim for constructive dismissal.
- The sexual harassment had taken place in seven separate incidents. The first was during an overnight business trip to Penang where her superior had invited her to spend the night with him, even though they were booked into separate rooms. Even though she had rejected the superior’s request, he called her again with the same invitation later on the same night.
- In the second incident, also while on a trip to Penang, the superior officer had asked the Executive to meet him in the lobby and spend some time with him. Again, she refused.
- The third incident occurred when the Executive’s boss asked her to meet him at a restaurant in Subang Jaya after office hours to discuss business matters. At first, she refused to meet up, but, upon his insistence, she decided to go. However, she found that no business matters were discussed; instead the superior officer talked about himself the whole time. She then left the restaurant. After this, their relationship became decidedly frosty. Her appraisal for the year was negative and the superior officer threatened her that if she did not follow “his style of work”, she would be put in cold storage.
- The Executive gave evidence in the Industrial Court that she had complained of this harassment to a senior manager but no follow- up action was taken by him.
- The High Court concurred with the decision of the Industrial Court that the Executive had been constructively dismissed.
- Employee Misconduct CLJ PUBLICATION
- Sitt Tatt Berhad v. Flora Gnanapragasam  1 ILR 98,  7 CLJ 522
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