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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. Industrial Law Journal, 2. i-xviii. ISSN 2180-4524

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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. Having said the above, this article discusses the principle of proportionality of punishment with reference to cases involving dismissal from employment and in particular, the recent Federal Court’s decision in bin Bakar v Panzana Enterprise Sdn Bhd [2013] MLJU 1016 (FC).

Item Type: Article (Journal)
Additional Information: 2924/38642
Uncontrolled Keywords: Proportionality of punishment, in dismissal, just cause, excuse
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Ashgar Ali Ali Mohamed
Date Deposited: 08 Oct 2014 16:10
Last Modified: 21 Oct 2016 12:49
URI: http://irep.iium.edu.my/id/eprint/38642

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