In the Matrix Global Education Sdn Bhd v Felix Lee Eng Boon case, the Court of Appeal held that when an employee agrees to terms of separation and tenders a resignation letter, a binding contract is formed, and the employee cannot subsequently claim constructive dismissal.
The case centred around Felix Lee, who was removed from his position as CEO of Matrix Global Education Sdn Bhd due to declining academic standards and decreased student admission and retention.
Despite negotiations between Lee and Matrix, Lee alleged constructive dismissal and took the matter to court. The Industrial Court ruled in favour of Lee, ordering Matrix to pay back wages and compensation in lieu of reinstatement.
The High Court upheld the Industrial Court's decision, which favoured Lee. However, the Court of Appeal overturned the decision citing that Lee had engaged in discussions for a severance package before resigning.
Key facts of the case include:
An employee cannot have the best of both worlds once a binding contract is formed after agreeing to terms of separation and tendering a resignation letter.
Felix Lee was removed from his position as CEO of Matrix Global Education Sdn Bhd due to declining academic standards and decreased student admission and retention.
Lee was offered an alternative position, which was later withdrawn due to information about his involvement in irregularities during his tenure as CEO.
Despite negotiations between Lee and Matrix, Lee alleged constructive dismissal and took the matter to court.
The Industrial Court ruled in favour of Lee, The High Court upheld the Industrial Court's decision, which favoured Lee also.
But the Court of Appeal overturned the decision.
The Court of Appeal noted that Lee had engaged in discussions for a severance package before resigning, which formed a binding contract and prevented him from claiming constructive dismissal.
Cases cited by the Court of Appeal include Sheffield v Oxford Controls Co Ltd and Logan Salton v Durham Country Council.
References
Sheffield v Oxford Controls Co Ltd
The Employment Appeal Tribunal in the United Kingdom in Sheffield v Oxford Controls Co Ltd [1979] ICR 396 held that where an employee was threatened that if he did not resign, he would be dismissed and the threat caused the resignation, that amounted to dismissal in law; but where the resignation was brought about not by the threat of dismissal but by other factors such as the offer of financial benefits, there was no dismissal.
Logan Salton v Durham Country Council
In Logan Salton v Durham Country Council [1989] 1 RLR 99, it was held that the employee’s termination of employment was by way of mutual agreement when he resigned pursuant to an agreement entered into freely and without duress and under which he benefitted from a financial consideration.
Birch and Humber v. The University of Liverpool
The Court of Appeal in England in the case of Birch and Humber v. The University of Liverpool (1985) IRLR 105, the headnotes of which read :
“The definition of dismissal in [s.95(1)(a)] is directed only to a case where the contract of employment is terminated by the employer alone.
Dismissal, as it is defined in that section, is not consistent with a case where the contract has been terminated by the mutual, freely-given consent of the employer and the employee.
In a case where the contract has been terminated by such mutual agreement, it may properly be said that the contract has been terminated by both the employer and the employee jointly, but it cannot be said that it has been terminated by the employer alone.”
在 Matrix Global Education Sdn Bhd v Felix Lee Eng Boon 一案中，上诉法院认为，当雇员同意离职协议并提交辞职信时，就形成了一份具有约束力的合同，雇员随后不能声称存在推定性解雇。
此案围绕 Felix Lee 展开，他因学校学术水平下降以及学生入学和保留率下降而被解除 Matrix Global Education Sdn Bhd 的 CEO 职务。
尽管 Lee 和 Matrix 进行了协商，但 Lee 随后声称存在推定性解雇并将此事提交工业法庭。
工业法庭在审理后，认同 Lee 的诉求，命令 Matrix 支付工资追溯 (Backwages) 和复职替代赔偿金。
高等法院维持工业法庭的裁决，也就是说 Lee 的诉求是合理的。
然而，上诉法院却推翻了工业法庭以及高等法院的裁决，并指出 Lee 在辞职前已经与公司进行了离职协商，因此不存在推定解雇的可能性。
案件的关键事实包括：
Felix Lee 因学术水平下降以及学生入学和保留率下降，因而被解除Matrix Global Education Sdn Bhd 的 CEO职务。
Lee 被提供了另一份职位，但由于有关他在任期间存在不当行为的新闻，该职位随后被撤销。
尽管 Lee 和 Matrix 为此进行了协商，但 Lee 随后却声称存在推定性解雇并将此事提交工业法庭。
工业法庭裁决 Lee 胜诉，高等法院在审理后也维持工业法庭的裁决。
但是，上诉法院推翻了工业法庭以及高等法院的裁决。
上诉法院指出 Lee 在辞职前已经进行了离职协商，这形成了一个具有约束力的合同，使他无法声称存在推定性解雇。
上诉法院引用的案例包括 Sheffield v Oxford Controls Co Ltd 和 Logan Salton v Durham Country Council。
参考资料
Sheffield v Oxford Controls Co Ltd
英国就业上诉法庭在 Sheffield v Oxford Controls Co Ltd [1979] ICR 396 中指出，如果雇员被威胁如果不辞职就将被解雇，并且这个威胁导致辞职，那么这在法律上构成了解雇；但如果辞职不是由解雇威胁引起的，而是由其他因素，例如财务利益的提供引起的，则不构成解雇。
Logan Salton v Durham County Council
在 Logan Salton v Durham County Council [1989] 1 RLR 99 案中，法院认为当雇员根据自愿达成的协议辞职，并在协议下获得了财务补偿时，其终止雇佣关系属于双方协议终止，而非雇主单方面解雇。
Birch and Humber v. The University of Liverpool
英国上诉法院在 Birch and Humber v. The University of Liverpool (1985) IRLR 105 案中指出：
“解雇的定义仅适用于雇主单方面终止劳动合同的情况。
根据该法规定的解雇概念，不能将双方自愿达成协议并终止合同的情况视为解雇。
在这种双方协议终止合同的情况下，可以说是雇主和雇员共同终止了合同，但不能说是雇主单方面终止了合同。”
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