Araştırma Makalesi
PDF Mendeley EndNote BibTex Kaynak Göster

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

Yıl 2017, Cilt 3, Sayı 7, 60 - 69, 30.04.2017
https://doi.org/10.18769/ijasos.309485

Öz

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.

Kaynakça

  • 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.

Yıl 2017, Cilt 3, Sayı 7, 60 - 69, 30.04.2017
https://doi.org/10.18769/ijasos.309485

Öz

Kaynakça

  • 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.

Ayrıntılar

Konular Sosyal
Bölüm Makaleler
Yazarlar

Ashgar Ali ALİ MOHAMED
Malaysia


Mohd Akram SHAİR MOHAMED Bu kişi benim
Malaysia


Farheen Baig SARDAR BAİG
Malaysia

Yayımlanma Tarihi 30 Nisan 2017
Başvuru Tarihi 27 Nisan 2017
Kabul Tarihi 6 Mart 2017
Yayınlandığı Sayı Yıl 2017, Cilt 3, Sayı 7

Kaynak Göster

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 IJASOS- International E-journal of Advances in Social Sciences %P 2411-183X-2411-183X %V 3 %N 7 %R doi: 10.18769/ijasos.309485 %U 10.18769/ijasos.309485

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