Employees dismissal cases: analysis of the Industrial Court Awards
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Date
2007
Authors
Mohd Zaki, Abdul Khalil (Haji )
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Abstract
Analysis of the Industrial Court awards related to dismissal cases have shown
that there were six types of misconduct in organizations such as absenteeism,
insubordination, poor performance, dishonesty, violation of rules and negligence. This
study examines what factors were taken into consideration by the Industrial Court to
justify the dismissal in each type of misconduct. Besides, this study examines what are
the reasons employers lost their cases in the Industrial Court. Understanding the causes
of dismissal and reasons the court decided in favour of employees will help the
organizations to improve their procedures and management systems particularly in
termination action. In taking a dismissal action against an employee, the employer must
comply with the principle of "just cause and excuse", otherwise, the employer will be
liable to pay unnecessary compensation to the employee for a wrongful dismissal.
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Keywords
Dismissal Cases