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.

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References


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