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UPSI Digital Repository (UDRep)
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| Abstract : Universiti Pendidikan Sultan Idris |
| The objectives of this study are to provide an analysis of constructive dismissal cases and to explore several practical issues involving claims of constructive dismissal. It starts by analyzing the Malaysian case laws which been categorized in eight dimensions namely (i) work/job (ii) transfer (iii) salary & benefits (iv) series of actions (v) disciplinary cases (vi) forced resignation (vii) demotion and (viii) general cases. It then explores on the lesson learnt for both the employer and employee by looking on various judgment made by the industrial court. It further analyses some cases on what employer’s actions constitute constructive dismissal, such as unilateral changes in work/job and changes to the level of pay or the benefits structure. The methodology used is qualitative analysis approach by examining 350 cases of case laws under the pretext of ‘constructive dismissal’ from Malaysian Industrial Court cases for a period of 10 years (1995-2004). From the analysis it was found only 136 cases (43.7%) are in favour of employees and the 175 cases (56.3%) are in favour of employers. The highest cases is the job/work dimension which stood at 28% or 87 cases and the least is the demotion dimension which stood at 3.2% or 10 cases only. Finally this paper highlights a few tips for employers and employees in managing the issues of constructive dismissal in the workplace. |
| References |
Ashgar, A .M. A. (2004), “Revamping the Industrial Court System: An Analysis”, MLJA, Vol. 4, lxx. Lobo, B. (1996), “Security of Tenure in Employment-Constitutional and Proprietary Rights of Employees”, MLJA, Vol.3, cxviii. Ghaiye, B. R. (1977),”Misconduct in Employment”, Bombay Publisher, India Shuib, F. S. (1998), “Dismissal Without Just Cause or Excuse: The Interpretation of the word ‘Dismissed’ Under s 20 of the Industrial Act 1967”, 4 MLJ xliv Hassan, K. H., and Lee Y. Z. (2015), “Sexual Harassment in the Workplace: Selected Court Cases and New Legal Provisions in Malaysia” Asian Social Science; Vol. 11, No. 16 Rabiatuladawiah, A. R. (2019), “The Doctrine of Constructive Dismissal: Malaysian Legal Perspective”, Journal of Law & Governance Volume 2 (No. 1) 2019:16-27 Anantaraman, V. (2000), “Malaysian Industrial Relations: The Doctrine of Constructive Dismissal:, 3 MLJ xvii Anantaraman, V. (1996), “Procedures Fairness in Dismissal Proceedings in Malaysia”, (1996) 2 MLJ, cxiii.
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