THE DOCTRINE OF CONSTRUCTIVE DISMISSAL: MALAYSIAN LEGAL PERSPECTIVE

Nur Rabiatuladawiah Abdul Rahman

Abstract


This study shows different situations faced by employees giving rise to constructive dismissal in some cases, but in others a resignation may not be warranted and an employee must accept the changes made by the employer. This is a study which shows that the courts have wide jurisdiction either broadening the category of conduct that might constitute as constructive dismissal or allowing the employers greater rights in the context of restructuring business in order to achieve efficiency and economic of scale. The Industrial Relations Act of 1967 effectively prevents an employer from dismissing an employee without good cause. The purpose of this paper is to establish a profile of employees who have been dismissed and who seek reinstatement according to the procedures laid out in Section 20 of the Industrial Relations Act 1967.

Keywords


Constructive dismissal, resignation, reinstatement and section 20 Industrial Relations Act 1967.

Full Text:

PDF

References


Anantaraman, V. (2000). Malaysian Industrial Relations: The Doctrine of Constructive Dismissal. 3 MLJ xvii

Ashgar Ali Ali Mohamed & Farheen Baig Sardar Baig. (2009). Procedure for Unfair Dismissal Claims in Malaysia, Lexis Nexis Malaysia Sdn Bhd

Balakrishnan Muniapan. (2008). The Doctrine of Constructive Dismissal, 6 MLJ cxliv; 6 MLJA 144.

Dhillon, G. (2013). Employment Dismissal Procedures and Laws in the United Kingdom and Malaysia - a Legal Analysis. 6(1), 1–16.

Dunston Ayadurai. (1998). Industrial Relations in Malaysia, Malayan Law Journal: Kuala Lumpur.

Farid Sufian bin Shuaib. (1998). Dismissal Without Just Cause Or Excuse: The Interpretation Of The Word 'Dismissed' Under S 20 Of The Industrial Relations Act 1967. 4 MLJ xliv; 4 MLJA 44.

Jain MP. (1989). Administrative Law of Malaysia and Singapore. Second Edition. Malayan Law Journal, Kuala Lumpur, 373 -376.

M.N.D’Cruz. (2011). A Handbook of Malaysian Labour Laws. Tenth Edition, Leeds Publications, Petaling Jaya, Selangor.

Maimunah Aminuddin. (2011). Malaysian Industrial Relations Employment Law. Seventh Edition, McGraw Hill (Malaysia).

Noraishah bt Mohd Radzi. (2008). Constructive Dismissal. Ahmad Ibrahim Kulliyyah of Laws, International Islamic University in Malaysia.

Rajan A. Applasamy. (2007). The Doctrine of Constructive Dismissal. Partner - Maxwell Kenion Cowdy & Jones, Advocate & Solicitor, Ipoh.

Vanitha Sundra Karean. (2007). Charting New Horizons In Procedural Fairness And Substantive Fairness In Individual Labour Law In Malaysia. 6 MLJ i; 6 MLJA 1.

Muniapan, B. (2010). the Law of Constructive Dismissal and Its Implications To Human Resource Management.

B. Lobo. Whither The Test For Unjust ‘ Constructive ’ Dismissal In Malaysia ? [ 1999 ] 3 MLJ xc. (1), 0–15.

Professor Dr Anwarul Yaqin. Ministerial Discretion To Refer A Dispute To The Industrial Court : Some Issues Of Reviewability [ 2002 ] 4 MLJ clxviii. (1), 0–11.


Refbacks

  • There are currently no refbacks.