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Procedure for Unfair Dismissal Claims in Malaysia

Procedure for Unfair Dismissal Claims in Malaysia

Author: Ashgar Ali Ali Mohamed; Farheen Baig Sardar Baig
Publisher: LexisNexis Malaysia
ISBN: 9789675371097
Published In: January 2009
Format: Paperback
Jurisdiction: Malaysia ? Disclaimer:
Countri(es) stated herein are used as reference only

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What happens when an employee loses his job or is unfairly dismissed?

Procedure for Unfair Dismissal Claims in Malaysia is your A to Z guide on an important aspect of industrial law, namely, the procedure for unfair dismissal claims in the Malaysian context.

The book is a comprehensive guide for legal practitioners, employers, employees, trade unions, ministry officials, academicians and students who want to keep abreast of industrial law and practices.

The fundamental principles of the subject are explained in a clear, concise and organised manner. Readers will find the book valuable as it contains the adjudication process from the start of dismissal and the stages that an employee will have to undergo, the mode of challenging the award and its enforcement. Many significant decisions of the industrial court and the civil court have been analysed critically. The procedure and trial in the civil courts involving common law wrongful dismissal are also featured in the book.

Chapter 1 Common Law Wrongful Dismissal and the Remedies
Chapter 2 Wrongful Dismissal Claims: Jurisdiction of Courts and the Procedure
Chapter 3 'Dismissal Without Just Cause or Excuse' and the Remedies Under Industrial Jurisprudence
Chapter 4 Dismissal Without Just Cause or Excuse: Filing Representation and Limitation Period
Chapter 5 Pleading Reinstatement
Chapter 6 Death of the Claimant: Survival of the Action
Chapter 7 Conciliation in the Industrial Relations Department
Chapter 8 Minister's Reference of Representation to Industrial Court
Chapter 9 Industrial Court: A Court of Equity and Good Conscience
Chapter 10 Legal Representation in Industrial Court
Chapter 11 Pleadings
Chapter 12 Service of Process
Chapter 13 Withdrawal and Discontinuation
Chapter 14 Default of Appearance
Chapter 15 Mediation in Industrial Court and Consent Award
Chapter 16 Proceedings at Trial
Chapter 17 Rules on Evidence in Industrial Court
Chapter 18 Binding Effect of Practice Direction: With Reference to Assessment of Monetary Compensation
Chapter 19 Award: Interpretation, Variation and Complaint of Non-Compliance
Chapter 20 Reference of Question of Law to High Court
Chapter 21 Judicial Review and Stay of Execution
Chapter 22 Execution of the Award

DR ASHGAR ALI ALI MOHAMED

Dr Ashgar Ali was admitted to the Malaysian Bar as an advocate and solicitor by the High Court of Malaya in 1992. His area of interest includes Employment Law, Civil Litigation and Alternative Dispute Resolution. He is currently an Associate Professor at Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia

Farheen Baig Sardar Baig

Farheen Baig Sardar Baig was admitted to the Malaysian Bar as an advocate and solicitor by the High Court of Malaya in 1996. Her area of interest includes Employment Law, Islamic Family Law and the Law of Tort. She is currently an Assistant Professor at Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia.