Principle of proportionality of punishment in dismissal without just cause and excuse

Ali Mohamed, Ashgar Ali (2014) Principle of proportionality of punishment in dismissal without just cause and excuse. Malaysian Court Practice Bulletin, 3 (9). pp. 1-9. ISSN MCPBUL2011006

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Abstract

The principle of proportionality of punishment implies that the punishment to be imposed on the offender should fit the crime ie the punishment must be proportionate to the severity of the wrong committed. In cases that established misconduct, the disciplinary authority has the discretion to determine the severity of the disciplinary measure justified by the employee’s misconduct. The question remains whether the preferred sanction was warranted in the circumstances, or whether it was proportionate to the gravity of the wrong committed.Hence, this article discusses the application of the principles of proportionality of punishment in dismissal from employment cases. Industrial Court

Item Type:	Article (Journal)
Additional Information:	2924/37518
Uncontrolled Keywords:	proportionality of punishment
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	04 Aug 2014 09:43
Last Modified:	19 Jun 2018 15:33
URI:	http://irep.iium.edu.my/id/eprint/37518

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