Construction / Building Law

Constructive Dismissal: Commentaries and Cases

By Thavalingam Thavarajah
CCH Malaysia July 2008

Specifications

ISBN-13
9789814228336
Publisher
CCH Malaysia
Publication
July 2008
Format
Hardback
Jurisdiction
Malaysia ? Countri(es) for reference only

Details

Constructive Dismissal lawsuits have grown by 267% from 2002-2006 and the compensation paid out per case could well amount to RM500,000! As Constructive Dismissal is not defined in any enactment but has developed through case law, this first and only authoritative resource on Constructive Dismissal provides you with valuable commentaries supported by case law to minimise your exposure to this risk.

Features:

  • Comprehensive yet concise commentaries supported by case law
  • Covers over 300 cases, including landmark cases and case summaries
  • Encompasses the latest amendments introduced in the Industrial Relations (Amendment) Act 2007
  • Includes sample documents and forms, e.g. Mediation Agreement, Industrial Court forms and Letter of Reply from the employer to an employee who has constructively dismissed himself
  • Contains a comprehensive glosssary of terms used in industrial relations law


Table of Contents

  • The principles of constructive dismissal
  • The law on constructive dismissal, with special focus on how section 20 of the Industrial Relations Act 1967 relates to it;
  • Commonly referred to cases on constructive dismissal are summarised, quoted and discussed to enhance understanding
  • Common work issues which could lead to claims of constructive dismissal
  • On whom the burden of proof lies and the rights of the employee and employer in a constructive dismissal claim
  • How compensation is calculated in the courts and the types of remedies available at the courts
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