Employment / Labour Law

Procedure for Unfair Dismissal Claims in Malaysia

Edited by Ashgar Ali Ali Mohamed · Farheen Baig Sardar Baig
LexisNexis Malaysia January 2009

Specifications

ISBN-13
9789675371097
Publisher
LexisNexis Malaysia
Publication
January 2009
Format
Paperback
Jurisdiction
Malaysia ? Countri(es) for reference only

Details

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.

Table of Contents

  • 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

About the Author

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.

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