Pushed Out Of A Sarawak Job
You resigned from your Sarawak job after a change you never agreed to.
Sarawak has oil and gas contract work around Miri and Bintulu, the timber trade in Sibu, and offices and services in Kuching. A resignation forced by pressure in any of them is judged by the same contract test.
How the test applies in Sarawak
Wong Chee Hong v Cathay Organisation set the test still used to decide these claims. It asks whether your employer’s conduct breached the contract at its root.1
You start with a written Section 20 representation to the Director General. A case that fails to settle at conciliation moves to the Industrial Court, and JPPM confirms which branch hears it.
What pressure can look like
A contract worker at an oil and gas site around Miri, or in the Samalaju industrial area near Bintulu, may see assignments quietly reduced after a project change. A Sibu timber trading employee or a Kuching office worker may be demoted after a dispute.
At the court, your employer must show there was a fair reason for what happened.2 You do not have to disprove one.
Sending your facts from anywhere in Sarawak
You can request lawyer contact with general facts by message from Miri, Bintulu, Sibu or Kuching. Assignment records, a letter about the change and a short timeline can help an identified lawyer later, once they have contacted you and requested them.
Conciliation still needs you to attend in person. JPPM confirms which branch hears your case, so distance from the city does not delay the early steps.
Your next step
Write down the changes to your role in order, with a date for each. How soon you resigned after the change matters.
Keep your contract, assignment records and messages about the decision.
Check the deadline calculator to confirm your window before it closes.
Request contact about possible representation for your Sarawak resignation. Keep those records private until an identified independent lawyer contacts you and specifically requests them; discuss the documents and your resignation date directly with that lawyer, who can assess whether they can take the claim forward.
If you want a lawyer to take on a forced resignation from your Sarawak job, send the date you resigned and what your employer did. An independent employment lawyer serving Sarawak may review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
I work for an oil and gas contractor in Miri and was moved off every well site I was assigned to. Is that a forced resignation?
It can be. Losing assignments in stages while your title stays the same can still breach the root of your contract, especially if no genuine business reason was given.
My employer in Sibu is a timber trading firm, and I resigned after being demoted following a dispute over expenses. Does the timber trade get treated differently?
No. The same contract test applies in every industry. A Sibu timber trading role and a Kuching office role are both judged on whether the employer's conduct breached the contract at its root.
If I resigned, do I have to prove my employer acted unfairly?
No. At the Industrial Court the burden sits with your former employer to show a fair reason existed.
Sources
- The leading authority Wong Chee Hong v Cathay Organisation (M) Sdn Bhd established that constructive dismissal is decided by the contract test: the worker may treat the contract as ended if the employer commits a breach going to the root of the contract. Thomas Philip Advocates & Solicitors
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
Keep reading
If you want a lawyer to take on a forced resignation from your Sarawak job, send the date you resigned and what your employer did. An independent employment lawyer serving Sarawak may review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.