Recovering non-pecuniary losses in breach of employment contract under Malaysian law

This paper discusses the high-handed manner of a dismissal, its impact on the employee and the availability of compensation for non-pecuniary losses under the statutory unfair or unjustifiable dismissal. Reference is made to the law and practice in selected countries namely, the United Kingdom, Can...

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Bibliographic Details
Main Author: Ali Mohamed, Ashgar Ali
Format: Article
Language:English
Published: OCERINT International Organization Center Of Academic Research 2017
Subjects:
Online Access:http://irep.iium.edu.my/56752/
http://irep.iium.edu.my/56752/
http://irep.iium.edu.my/56752/13/56752_RECOVERING%20NON-PECUNIARY_complete.pdf
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Summary:This paper discusses the high-handed manner of a dismissal, its impact on the employee and the availability of compensation for non-pecuniary losses under the statutory unfair or unjustifiable dismissal. Reference is made to the law and practice in selected countries namely, the United Kingdom, Canada, Australia and New Zealand. In the context of Malaysia, it will be contended that an employee that had been subjected to deplorable acts of victimisation while in employment and any highhanded manner of a dismissal, among others, should be awarded the non-pecuniary compensation.