Resignations Under Pressure: Avoiding Forced Resignation and Constructive Dismissal Claims

This MWKA Online Talk was delivered on 18 December 2025 by Ms Carolyn Ng and Ms Elissanur Suraya and moderated by Mr Jason Lim. Please visit https://mahwengkwai.com/talks-signup/ to register for upcoming talks. Overview: Resignations are not always as straightforward as they appear. In today’s workplace, management decisions such as restructuring, transfers, demotions or remuneration adjustments can be perceived as pressure tactics that “push” an employee to leave. Under Malaysian employment law, a resignation given under such circumstances may be challenged in the Industrial Court. This may result in reputational risk, and significant back-wages or compensation. This session is designed for employers, business owners, HR leaders, and managers. We will break down how indirect dismissal claims arise, what the Industrial Court looks for, and the common “red-flag” scenarios that turn ordinary HR actions into litigation. Most importantly, the talk will provide practical steps for managing sensitive exits and organisational change confidently while minimising legal exposure. Join us for a clear, case-based discussion on how to protect your organisation when resignations happen under pressure. Talk Points: ● Indirect Dismissals in Malaysia ● Forced Resignation vs Constructive Dismissal ● Case Studies on Constructive Dismissal and Forced Resignation ● Best Practices for Employers and Employees Speakers: Carolyn Ng (Associate), Elissanur Suraya (Associate) Moderator: Jason Lim (Associate)