Cilt 3, Sayı 7, Sayfalar 60 - 69 2017-04-30

POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA

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

34 80

At common law, a wrongfully dismissed workman is bound to make reasonable exertion and show diligence in endeavouring to procure alternative employment. Failure to accept suitable alternative employment or take reasonable steps to procure the same would result in a deduction from the total amount recoverable for unfair dismissal calculated on a sum representing the amount the workman might have earned during the period. If the workman is unable to secure a comparable job, or where a comparable job did not exist having regard to the nature of his responsibilities and skill requirement, rate of pay and the location, he is not bound to accept such employment nor will a reduction be warranted. The burden is on the employer to present credible evidence that it is more likely than not that the workman failed to mitigate the loss, and the court will consider the steps taken by the workman to mitigate the loss. In Malaysia, the Industrial Court is required to reduce or scale down the back wages when there was a post dismissal earning after the dismissal, a percentage of such earning shall be deducted from the back wages. The Court should take into account all relevant matters including the fact, where it exists, that the workman has been gainfully employed elsewhere after his dismissal. An employee who has not been gainfully employed since his dismissal, or who has been gainfully employed but on a woefully small salary, should clearly say so to the court. To remain silent is to risk the court making a deduction deemed reasonable by the court. Apart from the duty to mitigate loss, the quantum of deduction, the factors that need to be considered and the sum that the employee will finally receive is equally important to be discussed. In light of the above, this paper discusses the duty of the employee to mitigate the loss following an unfair dismissal and the quantum of deduction with reference to the practice in Malaysia and United Kingdom.

Post Dismissal Earning,Monetary Compensation,Reduction of
  • Ashgar Ali, Ali Mohamed. (2014). Dismissal from Employment and the Remedies, (2nd edn.). Ashgar Ali. Ali Mohamed. (2014). Principle of proportionality of punishment in dismissal without just cause and excuse. Industrial Law Journal, i-xviii. Ashgar Ali, Ali Mohamed. (2005). The Remedy of Monetary Compensation in Dismissal Without Just Cause or Excuse: An Analysis. Malayan Law Journal, xxi. C.P.Mill. (1984). Industrial Dispute Law in Malaysia (2 Edn.), 135. J. Selden, Table Talk, quoted in M. B. Evans and R. I. Jack (eds), (1984). Sources of English Legal and Constitutional History, 223–224.
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 { ijasos309485, journal = {International E-Journal of Advances in Social Sciences}, issn = {}, address = {OCERINT International Organization Center of Academic Research}, year = {2017}, volume = {3}, pages = {60 - 69}, doi = {10.18769/ijasos.309485}, title = {POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA}, language = {en}, 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 . (2017). POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA. International E-Journal of Advances in Social Sciences, 3 (7), 60-69. DOI: 10.18769/ijasos.309485
MLA Ali Mohamed, A , Shair Mohamed, M , Sardar Baig, F . "POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA". International E-Journal of Advances in Social Sciences 3 (2017): 60-69 <http://ijasos.ocerintjournals.org/issue/28912/309485>
Chicago Ali Mohamed, A , Shair Mohamed, M , Sardar Baig, F . "POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA". International E-Journal of Advances in Social Sciences 3 (2017): 60-69
RIS TY - JOUR T1 - POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA AU - Ashgar Ali Ali Mohamed , Mohd Akram Shair Mohamed , Farheen Baig Sardar Baig Y1 - 2017 PY - 2017 N1 - doi: 10.18769/ijasos.309485 DO - 10.18769/ijasos.309485 T2 - International E-Journal of Advances in Social Sciences JF - Journal JO - JOR SP - 60 EP - 69 VL - 3 IS - 7 SN - -2411-183X M3 - doi: 10.18769/ijasos.309485 UR - http://dx.doi.org/10.18769/ijasos.309485 Y2 - 2017 ER -
EndNote %0 International E-Journal of Advances in Social Sciences POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA %A Ashgar Ali Ali Mohamed , Mohd Akram Shair Mohamed , Farheen Baig Sardar Baig %T POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA %D 2017 %J International E-Journal of Advances in Social Sciences %P -2411-183X %V 3 %N 7 %R doi: 10.18769/ijasos.309485 %U 10.18769/ijasos.309485