Disciplinary inquiry in dismissal from employment
Before appropriate disciplinary action is taken against an affected worker, the employer is required to hold a domestic enquiry and observe the principle of natural justice namely, that the accused employee must be given a fair chance to challenge the charges levelled against him; to present e...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
LexisNexis Malaysia Sdn Bhd
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/43307/ http://irep.iium.edu.my/43307/1/MCP_Bulletin_032015_article-1.pdf |
| _version_ | 1848782424296652800 |
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| author | Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig |
| author_facet | Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig |
| author_sort | Ali Mohamed, Ashgar Ali |
| building | IIUM Repository |
| collection | Online Access |
| description | Before appropriate disciplinary
action is taken against an affected worker, the
employer is required to hold a domestic enquiry
and observe the principle of natural justice
namely, that the accused employee must be
given a fair chance to challenge the charges
levelled against him; to present evidence of his
own choice; to cross-examine the company’s
evidence; and to explain his point of view
without any pressure or fear. The enquiry must
be conducted before an impartial person. If
the alleged misconduct is established based
on evidence, the punishment imposed must be
proportionate to the gravity of the misconduct.
Having said the above, the issues considered
in this article are as follows: (i) whether it is aprecondition for an impending dismissal on
alleged gross misconduct to proceed with a
disciplinary inquiry under the Industrial Relations
Act 1967; and (ii) whether a dismissal without a
disciplinary inquiry is illegal for non-compliance
of the principles of natural justice. |
| first_indexed | 2025-11-14T16:05:14Z |
| format | Article |
| id | iium-43307 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:05:14Z |
| publishDate | 2015 |
| publisher | LexisNexis Malaysia Sdn Bhd |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-433072016-05-24T04:24:58Z http://irep.iium.edu.my/43307/ Disciplinary inquiry in dismissal from employment Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig K Law (General) Before appropriate disciplinary action is taken against an affected worker, the employer is required to hold a domestic enquiry and observe the principle of natural justice namely, that the accused employee must be given a fair chance to challenge the charges levelled against him; to present evidence of his own choice; to cross-examine the company’s evidence; and to explain his point of view without any pressure or fear. The enquiry must be conducted before an impartial person. If the alleged misconduct is established based on evidence, the punishment imposed must be proportionate to the gravity of the misconduct. Having said the above, the issues considered in this article are as follows: (i) whether it is aprecondition for an impending dismissal on alleged gross misconduct to proceed with a disciplinary inquiry under the Industrial Relations Act 1967; and (ii) whether a dismissal without a disciplinary inquiry is illegal for non-compliance of the principles of natural justice. LexisNexis Malaysia Sdn Bhd 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/43307/1/MCP_Bulletin_032015_article-1.pdf Ali Mohamed, Ashgar Ali and Sardar Baig, Farheen Baig (2015) Disciplinary inquiry in dismissal from employment. Malaysian Court Practice Bulletin, 3. pp. 1-6. ISSN MCPBUL2011006 |
| spellingShingle | K Law (General) Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig Disciplinary inquiry in dismissal from employment |
| title | Disciplinary inquiry in dismissal from employment |
| title_full | Disciplinary inquiry in dismissal from employment |
| title_fullStr | Disciplinary inquiry in dismissal from employment |
| title_full_unstemmed | Disciplinary inquiry in dismissal from employment |
| title_short | Disciplinary inquiry in dismissal from employment |
| title_sort | disciplinary inquiry in dismissal from employment |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/43307/ http://irep.iium.edu.my/43307/1/MCP_Bulletin_032015_article-1.pdf |