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The tests to determine 'constructive dismissal': the Malaysian legal perspectives

Md. Dahlan, Nuarrual Hilal and Kamarudin, Abdul Rani (2005) The tests to determine 'constructive dismissal': the Malaysian legal perspectives. In: The 9th International Conference on Global Business & Economic Development, 25-28 May 2005, Seoul, South Korea.

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Abstract

In so far as Malaysia is concerned, there are certain tests adopted by the courts to determine whether the acts of the employer tantamount to constructive dismissal or not. These tests are, - the 'Contract Test' and the 'Just and Equitable Test or Unreasonable Test'. However, courts in Malaysia have yet to resolve which one of these tests is the most prevailing and practical one? There are cases that apply the former test whilst in others the latter test is applied. This paper attempts to define what are these tests, their origins, rationale and applications in cases involving constructive dismissal and to forward suggestions to improve and suggest the best test in determining 'constructive dismissal' in Malaysia.

Item Type: Conference or Workshop Item (Full Paper)
Additional Information: 1590/8619
Uncontrolled Keywords: tests, constructive dismissal, law and Malaysia
Subjects: K Law > K Law (General)
K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Nur Aqilah Norudin (PT)
Date Deposited: 20 Dec 2011 18:08
Last Modified: 21 Mar 2012 10:35
URI: http://irep.iium.edu.my/id/eprint/8619

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