The Industrial Court awarded RM315,647.50 to a former employee of Tego Sdn Bhd for wrongful dismissal as a result of her refusal to relocate from Kuala Lumpur to Seremban.

Court chairperson Saleha Abu Bakar today said that it was "crystal clear that the company had repudiated the contract of employment" of its administrative officer Lim Yeak Ee.

Saleha said that the court concluded that the forced transfer to Seremban amounted to a fundamental breach of the contract of employment entitling Lim to treat herself as constructively dismissed by the company.

"In the light of the aforesaid reasons the court makes a finding that the claimant was dismissed without just cause and excuse," said Saleha.

Lim started work with the plastic-making firm on June 16, 1972 as a junior stenographer with a starting salary of RM200 per month. After several promotions, she was redesignated as an administrative officer on June 1, 1997.

In 1998, the company decided to close the KL office and relocate its operations to its own premise in Seremban where it also had a factory.

Transfer order

On Dec 3 that year, the company instructed Lim, via a letter, to report for duty in Seremban in early January of 1999.

Six days later, Lim requested Tego through a Dec 9 letter to rescind the transfer order, failing which she would treat herself as dismissed, which she did later that month.

Lim's last drawn salary was RM4,855. She also received a car allowance of RM450 per month.

In her claims, Lim said she felt distressed and betrayed as she was not given a choice in the matter.

She said she was required to report for duty at a different state which meant that she would have to spend several additional hours travelling to and from Seremban on a daily basis which would affect her physically because of her medical problems.

There was also an increase of half an hour in the working hours in Seremban and the RM300 travelling allowance given by the company was insufficient to cover the additional costs, she added.

Lim said two other employees a receptionist cum operator who was given a job in a subsidiary company and the tea lady who was compensated with termination benefits after complaining to the Labour Department did not go to Seremban.

Siva Kumar Kanagasabai solicited for Tego, while P Thavaselvi represented Lim.