If the employer relocate an employee to another state but refuse to pay relocation alowance such as transportaion and inadequate housing allowance, Is it considered a breach of contract althoght the employment contract stated the employer has the right to transfer the employee?
If the transfer was done in bad faith in order make life difficult to the employee, then the employee may take it as a former of constructive dismissal. The employee must prove bad intention did exist.
Mr Siew, Thanks for your reply. The transfer was with bad faith as it happen after an incident not of the employee's fault and without any prior discussion. The employee has appealed agaist the transfer but has been rejected. Does the employee resign now and considered being constructively dismissed or wait for the company to take further action? The transfer is to take effect in the very near future.
Dear Mr Siew The written transfer order already received and the staff had written apeal against the transfer as will suffer financial losses due to extra cost will be incurred for lodging and transportation which the company not going to pay or re-imburse. The company had replied that the decision remain and must report for work at the new place next week. Do the staff resign and file construction dismissal with IRD or wait for the company to sack him first then file the claim for CD? Just want to get the procedure right.