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The test to determine 'constructive dismissal': The Malaysian legal perspectives


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

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Abstract

In so far as Malaysia is concerned, there are certain test adopted by the courts to determine whether the acts of the employer tantamount to constructive dismissal or not.These test 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 (Paper)
Additional Information: ISBN: 978-0-9747415-4-3
Subjects: K Law > K Law (General)
Divisions: College of Law, Government and International Studies
Depositing User: Dr. Nuarrual Hilal Md. Dahlan
Date Deposited: 27 Feb 2014 04:40
Last Modified: 27 Feb 2014 04:40
URI: http://repo.uum.edu.my/id/eprint/9529

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