08/06/2026
๐๐ฅ๐๐๐๐ข๐ง๐ ๐๐จ๐ญ๐ก ๐
๐จ๐ซ๐๐๐ ๐๐๐ฌ๐ข๐ ๐ง๐๐ญ๐ข๐จ๐ง ๐๐ง๐ ๐๐จ๐ง๐ฌ๐ญ๐ซ๐ฎ๐๐ญ๐ข๐ฏ๐ ๐๐ข๐ฌ๐ฆ๐ข๐ฌ๐ฌ๐๐ฅ - ๐๐ ๐๐ฏ๐๐ซ๐ฒ๐ญ๐ก๐ข๐ง๐ ๐๐ฌ ๐๐จ๐ฎ๐ซ ๐๐๐ฌ๐, ๐๐จ๐ญ๐ก๐ข๐ง๐ ๐๐ฌ ๐๐จ๐ฎ๐ซ ๐๐๐ฌ๐
Last week, Louis Liaw Chambers received a favourable decision in ๐๐ข๐ฆ ๐๐๐ ๐๐ก๐๐ง๐ ๐ฏ ๐๐จ๐ฌ๐๐๐ฆ (๐๐๐ฅ๐๐ฒ๐ฌ๐ข๐) ๐๐๐ง. ๐๐ก๐. (๐๐ฐ๐๐ซ๐ ๐๐จ. ๐๐๐ ๐จ๐ ๐๐๐๐), where we acted successfully for the Company.
What makes the case interesting is that the Claimant (initially represented by MTUC before the lawyer discharged himself) pleaded both forced resignation and constructive dismissal, and insisted that both could be argued simultaneously.
Although these concepts are often mentioned together and are similar in nature, they are legally distinct causes of action that require different elements to be proven.
A forced resignation case is fundamentally an allegation that the employer caused the resignation. The employee must establish that he or she was pressured, persuaded, directed, coerced, or effectively given the ultimatum of โresign or be dismissedโ.
A constructive dismissal case is different. The focus is not on pressure to resign. Instead, the employee must prove that the employer committed a fundamental breach going to the root of the contract, thereby entitling the employee to treat himself or herself as discharged from further performance of the contract.
The two claims therefore, proceed on different factual foundations.
If the factual basis is not carefully articulated, the claimant may end up advancing inconsistent theories of dismissal, creating uncertainty as to what exactly is being alleged and what legal test the Court is being asked to apply, and undermining the overall credibility of the Claimantโs case.
These lack of certainty, credibility, and clarity often ultimately only lead the Court to reject all the causes advanced by the Claimant.
This award serves as a useful reminder that dismissal cases can be won or lost at the level of legal characterisation, before even a witness is heard.
We congratulate our client for this successful outcome. Drop a comment if youโd like us to send you a copy of the Award.
![[SINCERE APOLOGIES - RESCHEDULE]Can an employee really say, โThatโs not in my job scopeโ?Where does managerial authority...](https://img5.lawfirms1.com/620/835/122296621856208353.jpg)
