Successful Claim Against Ex-Employee Who Resigned Without Notice in Malaysia
We, JY Ko Advocates & Solicitors has successfully obtained a Judgment in Default at the Kuala Lumpur Magistrates’ Court against a former employee who resigned without giving sufficient contractual notice, in breach of their employment agreement.
The Court entered judgment in favour of our Client (the employer) and ordered the ex-employee (Defendant) to pay:
- Payment of the contractual sum due
- Interest at 5% per annum
- Legal costs of RM 1,143.60
This outcome demonstrates that employers are entitled to enforce employment contracts through the courts when ex-employees fail to comply with resignation obligations.
Case Background: Resignation Without Proper Notice
The former employee was bound by a valid employment contract which expressly required a minimum notice period upon resignation. Despite this, the employee resigned and left employment without serving the full notice period and without making payment in lieu of notice.
When the employer’s attempts to resolve the matter were unsuccessful, JY Ko Advocates & Solicitors was instructed to commence legal proceedings to recover the outstanding contractual sum.
Judgment in Default at the Kuala Lumpur Magistrates’ Court
The ex-employee failed to enter appearance and/or defend the claim within the prescribed timeline. As a result, the Court allowed the employer’s application and entered Judgment in Default against the former employee.
The Court ordered that:
- The employer is entitled to judgment for breach of the employment contract
- Interest at 5% per annum is payable on the judgment sum
- Costs of RM 1,143.60 are awarded in favour of the employer
This decision highlights that ignoring court proceedings does not shield a party from liability.
Legal Significance: Employment Contracts Are Enforceable
In Malaysia, resignation does not mean an employee can walk away without consequences. Where an employment contract stipulates a notice period:
- The employee must serve the full notice, or
- Pay compensation in lieu of notice, if provided for
Failure to comply allows employers to pursue:
- Civil claims in the Magistrates’ or Sessions Court
- Judgment in Default where no defence is filed
- Recovery of interest and legal costs
Strategic Employment Litigation for Employers
JY Ko Advocates & Solicitors regularly acts for employers in:
- Claims against ex-employees for resignation without notice
- Judgment in Default applications
- Enforcement of employment and service contracts
- Cost-effective recovery of contractual sums
Our firm focuses on practical litigation strategies to achieve timely and enforceable outcomes for employers.
Need Legal Action Against a Former Employee?
If your company is facing:
- An employee who resigned without sufficient notice
- Unpaid notice period compensation
- A former employee ignoring legal demands or court documents
We, JY Ko Advocates & Solicitors can advise and act decisively to protect your rights.
Written on: 21st January 2026
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Disclaimer: The above proposition is subject to actual facts and circumstances and shall never be referred as the actual law without seeking legal advice. Consult us for more information!