Yıl 2016, Cilt 2, Sayı 6, Sayfalar 668 - 674 2016-12-24

COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD

Ashgar Ali Ali Mohamed [1] , Mohd Akram Shair Mohamed [2] , Farheen Baig Sardar Baig [3]

224 831

Dismissal from employment is the prerogative of the employer emanating from various reasons such as unsatisfactory or poor work performance, incompetency, absenteeism, insubordination, stealing, assault, bullying, drunkenness, serious violation of employer's policies and practices, damaging employer’s property and using employer’s property for personal business, among others. The burden is on the employer to prove that the dismissed was justified. Where a dismissal was adjudged to be without just cause or excuse, the Industrial Court will award appropriate remedy and this include compensatory award. The Industrial Relations Act 1967 (IRA) merely mentioned reinstatement as the sole remedy for dismissal without just cause or excuse. The power of the Industrial Court to award monetary compensation was resolved by the former Federal Court in Assunta Hospital v Dr A Dutt [1981] 1 MLJ 105, where the Court held inter alia, that where reinstatement would not be an appropriate remedy, the Industrial Court has the power to award monetary compensation based on the provisions of section 30(4), (5) and (6) of the IRA. Although the Act did not specify the types and criterions for its assessment, nevertheless the monetary award in favour of the unfairly dismissed worker must be fair and adequate to compensate him for the loss of employment. In practice however, the assessment or measure of the monetary award is at the discretion of the Industrial Court based on the particular facts, circumstances and substantial merits of the case, and assessed in accordance with equity and good conscience under section 30(5) of the IRA. The amount however, should not be excessive to the extent of financially burdening the employer. In light of the above, this paper discusses the compensatory awards of the Industrial Court in successful unfair dismissal claims with a view of highlighting the criterions used in its assessment.

Unfair Dismissal, Monetary Compensation, Industrial Court Award
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  • Kaur Bhatt, Jashpal. (2015). Should Compensation In Lieu Of Reinstatement Be Denied On The Basis Of Age? Revisiting the Federal Court's Decision in Unilever (M) Holdings Sdn Bhd v. So Lai @ Soo Boon Lai & Anor [2015] 2 ILR 265, [2015] 3 CLJ 900. Industrial Law Reports vol. 4.
  • C.P. Mill, Industrial Disputes Law in Malaysia 2nd eds., (1984) at p. 141.
Konular Sosyal ve Beşeri Bilimler
Dergi Bölümü Makaleler
Yazarlar

Yazar: Ashgar Ali Ali Mohamed
E-posta: ashgar@iium.edu.my
Ülke: Malaysia


Yazar: Mohd Akram Shair Mohamed
E-posta: akram@iium.edu.my
Ülke: Malaysia


Yazar: Farheen Baig Sardar Baig
E-posta: baigfarheen007@yahoo.com
Ülke: Malaysia


Bibtex @araştırma makalesi { ijasos280348, journal = {International E-Journal of Advances in Social Sciences}, issn = {}, address = {OCERINT International Organization Center of Academic Research}, year = {2016}, volume = {2}, pages = {668 - 674}, doi = {10.18769/ijasos.280348}, title = {COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD}, key = {cite}, author = {Shair Mohamed, Mohd Akram and Sardar Baig, Farheen Baig and Ali Mohamed, Ashgar Ali} }
APA Ali Mohamed, A , Shair Mohamed, M , Sardar Baig, F . (2016). COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD. International E-Journal of Advances in Social Sciences, 2 (6), 668-674. DOI: 10.18769/ijasos.280348
MLA Ali Mohamed, A , Shair Mohamed, M , Sardar Baig, F . "COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD". International E-Journal of Advances in Social Sciences 2 (2016): 668-674 <http://ijasos.ocerintjournals.org/issue/26675/280348>
Chicago Ali Mohamed, A , Shair Mohamed, M , Sardar Baig, F . "COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD". International E-Journal of Advances in Social Sciences 2 (2016): 668-674
RIS TY - JOUR T1 - COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD AU - Ashgar Ali Ali Mohamed , Mohd Akram Shair Mohamed , Farheen Baig Sardar Baig Y1 - 2016 PY - 2016 N1 - doi: 10.18769/ijasos.280348 DO - 10.18769/ijasos.280348 T2 - International E-Journal of Advances in Social Sciences JF - Journal JO - JOR SP - 668 EP - 674 VL - 2 IS - 6 SN - -2411-183X M3 - doi: 10.18769/ijasos.280348 UR - http://dx.doi.org/10.18769/ijasos.280348 Y2 - 2018 ER -
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