Constructive Dismissal: Lesson Learnt from Malaysian Industrial Court Cases

Raja Muhamad Yusof Raja Aziz,Saslina Kamarudin,Abdul Rahman Abdul Rahim

doi:10.6007/ijarbss/v10-i11/8000

Raja Muhamad Yusof Raja Aziz, Saslina Kamarudin + Show 1 more

Open Access

https://doi.org/10.6007/ijarbss/v10-i11/8000

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Abstract

Constructive Dismissal: Lesson Learnt from Malaysian Industrial Court Cases

Highlights

In the general law of contract, if one party commits a repudiatory breach of a contract, the innocent party is entitled to terminate the contract and sue for damages
This paper is a research paper adopting the concept of critical analysis approach of Malaysian legislations using qualitative methodology
Using the content analysis technique, this research objective is to explore and investigate the constructive dismissal issues pertaining to its root cause and the outcomes of it

Summary

Introduction

In the general law of contract, if one party commits a repudiatory breach of a contract, the innocent party is entitled to terminate the contract and sue for damages. Instead the employer is deemed to have dismissed the employee. Since no actual dismissal has taken place, this is referred to as a constructive dismissal. Constructive dismissal denotes a summary termination of the contract of employment not by the employer but by the employee by reason of the employer’s conduct (Anantaraman, 2000)

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