Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd

The employer and employee relationship is viewed as 'a close personal relationship' and as such there must be complete confidence and trust between the parties to the employment contract. The employer is to act fairly and reasonably when dealing with their employees. Likewise, an employee...

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Main Author: Ali Mohamed, Ashgar Ali
Format: Article
Language:English
Published: The Malaysian Current Law Journal Sdn Bhd 2010
Subjects:
Online Access:http://irep.iium.edu.my/7750/
http://irep.iium.edu.my/7750/1/2010_-_Duty_to_obey_the_lawful_and_reasonable_orders_of_the_employer-_with_reference_to_Ngeow_Voon_Yean_v._Sungai_Wang_Plaza_Sdn_Bhd_or_Landmarks_Holding_Bhd.pdf
id iium-7750
recordtype eprints
spelling iium-77502012-01-30T07:40:59Z http://irep.iium.edu.my/7750/ Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd Ali Mohamed, Ashgar Ali HD4801 Labor. Work. Working class K Law (General) The employer and employee relationship is viewed as 'a close personal relationship' and as such there must be complete confidence and trust between the parties to the employment contract. The employer is to act fairly and reasonably when dealing with their employees. Likewise, an employee must render the services to the employer faithfully and loyally. One of the fundamental duties of an employee at common law is to obey all the lawful and reasonable orders and instructions of the employer. Failure to carry out the lawful and legitimate instructions of the superior would constitute a material or fundamental breach of the contract or a major misconduct. The emphasis here is that the superior order must be lawful and reasonable. It cannot be unlawful or an unreasonable act. It follows that if the superior order is manifestly illegal or dangerous, the employee can refuse to obey the order. Having said the above, this article will discuss inter alia, the duty to obey all the lawful and reasonable orders of the employer with special reference to the Federal Court's decision in Ngeow Voon Yean v. Sungei Wang Plaza Sdn Bhd / Landmarks Holdings Bhd. The Malaysian Current Law Journal Sdn Bhd 2010 Article PeerReviewed application/pdf en http://irep.iium.edu.my/7750/1/2010_-_Duty_to_obey_the_lawful_and_reasonable_orders_of_the_employer-_with_reference_to_Ngeow_Voon_Yean_v._Sungai_Wang_Plaza_Sdn_Bhd_or_Landmarks_Holding_Bhd.pdf Ali Mohamed, Ashgar Ali (2010) Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd. Industrial Law Reports, 1. iii-xx. ISSN 0127-3051
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic HD4801 Labor. Work. Working class
K Law (General)
spellingShingle HD4801 Labor. Work. Working class
K Law (General)
Ali Mohamed, Ashgar Ali
Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd
description The employer and employee relationship is viewed as 'a close personal relationship' and as such there must be complete confidence and trust between the parties to the employment contract. The employer is to act fairly and reasonably when dealing with their employees. Likewise, an employee must render the services to the employer faithfully and loyally. One of the fundamental duties of an employee at common law is to obey all the lawful and reasonable orders and instructions of the employer. Failure to carry out the lawful and legitimate instructions of the superior would constitute a material or fundamental breach of the contract or a major misconduct. The emphasis here is that the superior order must be lawful and reasonable. It cannot be unlawful or an unreasonable act. It follows that if the superior order is manifestly illegal or dangerous, the employee can refuse to obey the order. Having said the above, this article will discuss inter alia, the duty to obey all the lawful and reasonable orders of the employer with special reference to the Federal Court's decision in Ngeow Voon Yean v. Sungei Wang Plaza Sdn Bhd / Landmarks Holdings Bhd.
format Article
author Ali Mohamed, Ashgar Ali
author_facet Ali Mohamed, Ashgar Ali
author_sort Ali Mohamed, Ashgar Ali
title Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd
title_short Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd
title_full Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd
title_fullStr Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd
title_full_unstemmed Duty to obey the lawful and reasonable orders of the employer: with reference to Ngeow Voon Yean v. Sungai Wang Plaza Sdn Bhd / Landmarks Holdings Bhd
title_sort duty to obey the lawful and reasonable orders of the employer: with reference to ngeow voon yean v. sungai wang plaza sdn bhd / landmarks holdings bhd
publisher The Malaysian Current Law Journal Sdn Bhd
publishDate 2010
url http://irep.iium.edu.my/7750/
http://irep.iium.edu.my/7750/1/2010_-_Duty_to_obey_the_lawful_and_reasonable_orders_of_the_employer-_with_reference_to_Ngeow_Voon_Yean_v._Sungai_Wang_Plaza_Sdn_Bhd_or_Landmarks_Holding_Bhd.pdf
first_indexed 2018-09-07T03:29:13Z
last_indexed 2018-09-07T03:29:13Z
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