Araştırma Makalesi
PDF Mendeley EndNote BibTex Kaynak Göster

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

Yıl 2016, Cilt 2, Sayı 6, 668 - 674, 18.12.2016
https://doi.org/10.18769/ijasos.280348

Öz

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.

Kaynakça

  • Ali Mohamed, A.A. (2015). Compensation In Lieu Of Reinstatement: A Review of Unilever (M) Holdings Sdn Bhd v. So Lai & Anor. Industrial Law Reports vol. 2.
  • Ali Mohamed, A.A. (2014). Dismissal from Employment and the Remedies. LexisNexis (M) Sdn Bhd.
  • Ali Mohamed, A.A. (2005). Monetary Compensation In Dismissal Without Just Cause or Excuse: Legislative Guideline A Necessity. Malayan Law Journal vol. 6.
  • Anantaraman, V. (2005) Relief for Unfair Dismissals: Law And Practice In Malaysia. Malayan Law Journal vol. 6.
  • 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.

Yıl 2016, Cilt 2, Sayı 6, 668 - 674, 18.12.2016
https://doi.org/10.18769/ijasos.280348

Öz

Kaynakça

  • Ali Mohamed, A.A. (2015). Compensation In Lieu Of Reinstatement: A Review of Unilever (M) Holdings Sdn Bhd v. So Lai & Anor. Industrial Law Reports vol. 2.
  • Ali Mohamed, A.A. (2014). Dismissal from Employment and the Remedies. LexisNexis (M) Sdn Bhd.
  • Ali Mohamed, A.A. (2005). Monetary Compensation In Dismissal Without Just Cause or Excuse: Legislative Guideline A Necessity. Malayan Law Journal vol. 6.
  • Anantaraman, V. (2005) Relief for Unfair Dismissals: Law And Practice In Malaysia. Malayan Law Journal vol. 6.
  • 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.

Ayrıntılar

Konular Sosyal
Bölüm Makaleler
Yazarlar

Ashgar Ali ALİ MOHAMED
Malaysia


Mohd Akram Shair Mohamed Bu kişi benim
Malaysia


Farheen Baig Sardar Baig
Malaysia

Yayımlanma Tarihi 18 Aralık 2016
Başvuru Tarihi 25 Aralık 2016
Kabul Tarihi
Yayınlandığı Sayı Yıl 2016, Cilt 2, Sayı 6

Kaynak Göster

EndNote %0 International E-Journal of Advances in Social Sciences COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD %A Ashgar Ali Ali Mohamed , Mohd Akram Shair Mohamed , Farheen Baig Sardar Baig %T COMPENSATORY AWARD FOR UNFAIR DISMISSAL IN MALAYSIA: CRITERIONS IN ASSESSMENT OF AWARD %D 2016 %J IJASOS- International E-journal of Advances in Social Sciences %P 2411-183X-2411-183X %V 2 %N 6 %R doi: 10.18769/ijasos.280348 %U 10.18769/ijasos.280348

Contactijasosjournal@hotmail.com

17922

The IJASOS Journal's site and its metadata are licensed under CC BY

Published and Sponsored by OCERINT International © 2015-2022