Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia

Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment,...

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Main Authors:	Abdul Shukor, Siti Fazilah, Ali Mohamed, Ashgar Ali, Ab Hamid, Zuraini
Format:	Article
Language:	English English
Published:	IIUM Press, International Islamic University Malaysia 2019
Subjects:	K Law (General) KD England and Wales KPG Malaysia
Online Access:	http://irep.iium.edu.my/77457/ http://irep.iium.edu.my/77457/ http://irep.iium.edu.my/77457/1/Monetary%20compensation%20IIUMLaw%20Journal.pdf http://irep.iium.edu.my/77457/7/77457_MONETARY%20COMPENSATION%20FOR%20UNFAIR_wos.pdf

id	iium-77457
recordtype	eprints
spelling	iium-774572020-03-05T10:21:12Z http://irep.iium.edu.my/77457/ Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia Abdul Shukor, Siti Fazilah Ali Mohamed, Ashgar Ali Ab Hamid, Zuraini K Law (General) KD England and Wales KPG Malaysia Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment, the legislature in many jurisdictions has introduced reinstatement as the remedy for unfair dismissal. Unfortunately, reinstatement is not awarded in most cases due to the long delay from the date of dismissal to the date of an award which may take a few years, where in the meantime the claimant may have comfortably settled in his new employment and in most cases would not desire reinstatement. Realising the above, the legislature has allowed the alternative remedy of monetary compensation for unfair dismissal. In fact, today, monetary compensation has becomethe remedy in both Malaysia and the United Kingdom. The Employment Rights Act 1996 of the United Kingdom recognises several remedies for unfair dismissal such as reinstatement, re-engagement, and monetary compensation. On the other hand, the Malaysian Industrial Relations Act 1967 merely provides reinstatement as the remedy for unfair dismissal; however, monetary compensation has been allowed vide the Industrial Court Practice Direction No. 1 of 1987, to be awarded at the discretion of the Industrial CourtChairman. In light of the above, this article discusses the awardingof monetary compensation in the United Kingdom and Malaysia with reference to legislation and decided cases in the above jurisdictions. IIUM Press, International Islamic University Malaysia 2019 Article PeerReviewed application/pdf en http://irep.iium.edu.my/77457/1/Monetary%20compensation%20IIUMLaw%20Journal.pdf application/pdf en http://irep.iium.edu.my/77457/7/77457_MONETARY%20COMPENSATION%20FOR%20UNFAIR_wos.pdf Abdul Shukor, Siti Fazilah and Ali Mohamed, Ashgar Ali and Ab Hamid, Zuraini (2019) Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia. IIUM Law Journal, 27 (2). pp. 447-468. ISSN 0128-2530 E-ISSN 2289-7852 https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/453
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KD England and Wales KPG Malaysia
spellingShingle	K Law (General) KD England and Wales KPG Malaysia Abdul Shukor, Siti Fazilah Ali Mohamed, Ashgar Ali Ab Hamid, Zuraini Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia
description	Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment, the legislature in many jurisdictions has introduced reinstatement as the remedy for unfair dismissal. Unfortunately, reinstatement is not awarded in most cases due to the long delay from the date of dismissal to the date of an award which may take a few years, where in the meantime the claimant may have comfortably settled in his new employment and in most cases would not desire reinstatement. Realising the above, the legislature has allowed the alternative remedy of monetary compensation for unfair dismissal. In fact, today, monetary compensation has becomethe remedy in both Malaysia and the United Kingdom. The Employment Rights Act 1996 of the United Kingdom recognises several remedies for unfair dismissal such as reinstatement, re-engagement, and monetary compensation. On the other hand, the Malaysian Industrial Relations Act 1967 merely provides reinstatement as the remedy for unfair dismissal; however, monetary compensation has been allowed vide the Industrial Court Practice Direction No. 1 of 1987, to be awarded at the discretion of the Industrial CourtChairman. In light of the above, this article discusses the awardingof monetary compensation in the United Kingdom and Malaysia with reference to legislation and decided cases in the above jurisdictions.
format	Article
author	Abdul Shukor, Siti Fazilah Ali Mohamed, Ashgar Ali Ab Hamid, Zuraini
author_facet	Abdul Shukor, Siti Fazilah Ali Mohamed, Ashgar Ali Ab Hamid, Zuraini
author_sort	Abdul Shukor, Siti Fazilah
title	Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia
title_short	Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia
title_full	Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia
title_fullStr	Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia
title_full_unstemmed	Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia
title_sort	monetary compensation for unfair dismissal: a comparative study in the united kingdom and malaysia
publisher	IIUM Press, International Islamic University Malaysia
publishDate	2019
url	http://irep.iium.edu.my/77457/ http://irep.iium.edu.my/77457/ http://irep.iium.edu.my/77457/1/Monetary%20compensation%20IIUMLaw%20Journal.pdf http://irep.iium.edu.my/77457/7/77457_MONETARY%20COMPENSATION%20FOR%20UNFAIR_wos.pdf
first_indexed	2023-09-18T21:49:14Z
last_indexed	2023-09-18T21:49:14Z
_version_	1777413657443958784

Monetary compensation for unfair dismissal: a comparative study in the United Kingdom and Malaysia

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