- A Sales Manager was called by his employer and asked to confirm whether he had registered a business. He replied that it was his wife who had registered the business concerned which was discovered to be in competition with the Company.
- He claimed that he was forced to sign a letter of resignation.
- At the Industrial Court, the Manager claimed that his wife is a director of Jamax (Wife’s Company) does not undermine the business interest of the Company. Furthermore, he had succeeded in bringing in a lot of new business for his employer.
- The employer denied that the Manager that had been forced to resign. The employer said that the Manager had voluntarily resigned, although the employer did bar the Manager from entering the Company’s premises as the employer was afraid of leakage of their confidential information.
- The Industrial Court decided that the Manager was actually dismissed by the Company (not voluntarily resigned) as the Manager’s resignation letter was prepared by the Company’s Director.
- However, the dismissal was upheld as there was evidence that the Manager was actively involved in the wife’s business.
- Employee Misconduct, CLJ Publication
- Teh Seng Kay v. United Coatings Technology Sdn Bhd  2 LNS 0572
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