Unfair Dismissal Cases In Malaysia Pdf

Nevertheless there are many misconceptions that have not been corrected.

Unfair dismissal cases in malaysia pdf. Definition of unfair dismissal b the section 20 of the ira stipulates on the remedy procedure for an unfair dismissal. Over the years there has been a heightened awareness about employee rights in malaysia. There are some prohibited grounds for a dismissal which are regulated by the statute e g. Unfair dismissal an analysis of the procedures and claims on unfair dismissal heard by the industrial court of malaysia 1988 1990 mara institute of technology school of business and management marilyn aminuddin abstract the number of workers using the machinery of the industrial relations act to claim unfair dismissal has increased steadily.

Frank mwalongo advocate apex attorneys advocates presented on 13 04 2012 at tanga mkonge hotel cle seminar organized by the tanganyika law society and also presented on 25 05 2012 at. By donovan cheah under the malaysian industrial relations act ira an employee who claims he has been unfairly dismissed may make a representation to the director general for industrial relations. Service sdn bhd v industrial court of malaysia anor 3 the dismissal of the claimants was tainted with the motive of victimisation and unfair labour practice. Industrial law report a 3 xix 1 14.

For instance eight out of every ten case received by the industrial court in malaysia borders on wrongful dismissals. Unfair dismissal in malaysia is there a need for reform. The most common procedure of a lawful dismissal practiced is one that provides suitable and proper notice. Dismissal for disruptive and disorderly behaviour at the workplace.

However it does not specify what constitutes an unfair dismissal which is left to the case law. In 2016 alone 1 226 out of the 1 340 cases brought to the court were related to unfair dismissals with about rm21 841 008 awarded against firms. Which would eventually lead to the lawful dismissal of employee. The dismissal procedure varies with the grounds of the dismissal.

In holding their dismissal to be without just cause or excuse the industrial court awarded the claimants compensation in lieu of reinstatement at the rate of two. This section will highlight strengths and weaknesses of the dismissal procedure in malaysia. A review of harianto effendy zakaria ors v. Pregnancy section 41 of.

The concept of unfair dismissal or unlawful termination is not new in malaysia. Unfair dismissal unfair termination of employment by.