Alternative Approach For Resolving Dismissal Disputes In Malaysia

The current Judicial Review and appeal processes are blatantly expensive. In some situation, the judicial review process might be abused. Employers with great resources can seek recourse to challenge the Industrial Court’s decision by way of judicial review followed by appeal. An employee who lost t...

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Main Author: Phang, Jai Juet
Format: Thesis
Published: 2020
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id my-mmu-ep.7739
record_format uketd_dc
spelling my-mmu-ep.77392020-09-21T06:06:35Z Alternative Approach For Resolving Dismissal Disputes In Malaysia 2020-01 Phang, Jai Juet HF5549-5549.5 Personnel management. Employment management The current Judicial Review and appeal processes are blatantly expensive. In some situation, the judicial review process might be abused. Employers with great resources can seek recourse to challenge the Industrial Court’s decision by way of judicial review followed by appeal. An employee who lost their job is ill afford of such legal costs and fees charged by lawyers. Furthermore, such processes will prolong the litigation process as references by Minister of Human Resources is subjected to challenge by judicial review and appeal. After that, the matter will either be remitted to the Industrial Court to be adjudicated upon or dismiss. The merits of the dispute will only be entertained after all the hassles. This clearly defeats the intent of Industrial Relations Act 1967 of providing swift redresses to the poorly dismissed workmen and causing the practicability of remedy of reinstatement to be tarnished. This research is conducted by qualitative research method being the content analysis. It is a doctrinal based research by conducting library-based research and through interviews on the principle office bearers of the officials of this area of law. 2020-01 Thesis http://shdl.mmu.edu.my/7739/ http://library.mmu.edu.my/library2/diglib/mmuetd/ masters Multimedia University Faculty of Business
institution Multimedia University
collection MMU Institutional Repository
topic HF5549-5549.5 Personnel management
Employment management
spellingShingle HF5549-5549.5 Personnel management
Employment management
Phang, Jai Juet
Alternative Approach For Resolving Dismissal Disputes In Malaysia
description The current Judicial Review and appeal processes are blatantly expensive. In some situation, the judicial review process might be abused. Employers with great resources can seek recourse to challenge the Industrial Court’s decision by way of judicial review followed by appeal. An employee who lost their job is ill afford of such legal costs and fees charged by lawyers. Furthermore, such processes will prolong the litigation process as references by Minister of Human Resources is subjected to challenge by judicial review and appeal. After that, the matter will either be remitted to the Industrial Court to be adjudicated upon or dismiss. The merits of the dispute will only be entertained after all the hassles. This clearly defeats the intent of Industrial Relations Act 1967 of providing swift redresses to the poorly dismissed workmen and causing the practicability of remedy of reinstatement to be tarnished. This research is conducted by qualitative research method being the content analysis. It is a doctrinal based research by conducting library-based research and through interviews on the principle office bearers of the officials of this area of law.
format Thesis
qualification_level Master's degree
author Phang, Jai Juet
author_facet Phang, Jai Juet
author_sort Phang, Jai Juet
title Alternative Approach For Resolving Dismissal Disputes In Malaysia
title_short Alternative Approach For Resolving Dismissal Disputes In Malaysia
title_full Alternative Approach For Resolving Dismissal Disputes In Malaysia
title_fullStr Alternative Approach For Resolving Dismissal Disputes In Malaysia
title_full_unstemmed Alternative Approach For Resolving Dismissal Disputes In Malaysia
title_sort alternative approach for resolving dismissal disputes in malaysia
granting_institution Multimedia University
granting_department Faculty of Business
publishDate 2020
_version_ 1747829670877855744