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The tests to determine 'Constructive Dismissal': The Malaysian legal perspectives


Md Dahlan, Nuarrual Hilal (2005) The tests to determine 'Constructive Dismissal': The Malaysian legal perspectives. In: The 2nd ASLI Conference 2005, 26-27 May 2005, Chulalongkorn University, Bangkok, Thailand. (Unpublished)

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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 latte 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 (Paper)
Uncontrolled Keywords: Tests, Constructive Dismissal, Law and Malaysia
Subjects: K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: Dr. Nuarrual Hilal Md. Dahlan
Date Deposited: 01 Oct 2013 06:41
Last Modified: 01 Oct 2013 06:41
URI: http://repo.uum.edu.my/id/eprint/9209

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