No unfair dismissal as HR manager’s fixed-term contract expired, court finds
Court chairman Augustine Anthony says VDart Malaysia’s three-month contract extension was genuine, with no promise of permanent employment.
The Industrial Court has dismissed a former human resources manager's claim of unfair dismissal against technology consulting firm VDart Malaysia Sdn Bhd, ruling that her employment ended when her fixed-term contract expired. D Elizebeth joined VDart in September 2023 as its human resources and administration manager on a one-year contract, but when it neared its expiry in September 2024, she sought clarification about her future with the company.
VDart subsequently offered her a three-month extension until Dec 13, 2024, which she accepted and signed. However, the company declined to renew her contract when the extension expired. The court found that Elizebeth had failed to establish that the company promised to make her a permanent employee or that she was dismissed without just cause or excuse.
The court concluded that the contracts were genuine fixed-term contracts of employment and that the final extension had ended naturally through the passage of time.
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