Gender discrimination at the workplace: a review of Airasia BHD V Rafizah Shima Bt Mohamed Aris
Discrimination implies unfair treatment of two or more persons or subjects on grounds such as race, gender, disability, age, religious belief, etc.2 Gender discrimination exists when women, for example, are treated less favourably or suffer detrimental treatment at the workplace as a result of...
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| Format: | Article |
| Language: | English |
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LexisNexis Malaysia Sdn Bhd
2015
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| Online Access: | http://irep.iium.edu.my/42695/ http://irep.iium.edu.my/42695/1/MCP_Bulletin_022015_article-1.pdf |
| Summary: | Discrimination implies unfair treatment of two
or more persons or subjects on grounds
such as race, gender, disability, age,
religious belief, etc.2 Gender discrimination exists
when women, for example, are treated less
favourably or suffer detrimental treatment at
the workplace as a result of unreasonable
differential treatment between men and women.
The International Labour Organisation (‘ILO’)
considers discrimination as ’a differential and
less favourable treatment of certain individuals’
because of any characteristics such as sex,
race and religion, ‘regardless of their ability to
fulfil the requirements of the job’.3 The United
Nations Universal Declaration of Human Rights
1948 (‘UDHR’) provides that all human beings
are born free and equal in dignity and rights.
Discriminatory practices in the workplace in terms
of promotion, job assignment, leave entitlement
and termination, among others, are prohibited by
the United Nations Convention on the Elimination
of All Forms of Discrimination against Women
(CEDAW). This article briefly ventures to discuss
the recent Court of Appeal’s decision in AirAsia
Bhd v Rafizah Shima bt Mohamed Aris and how
the philosophy underlying CEDAW should have
been addressed. |
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