The tests to determine 'constructive dismissal': the Malaysian legal perspectives
In so far as Malaysia is concerned, there are certain tests adopted by the courts to determine whether the acts of the employer tantamount to constructive dismissal or not. These tests are, - the 'Contract Test' and the 'Just and Equitable Test or Unreasonable Test'. However, cou...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English |
| Published: |
2005
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/8619/ http://irep.iium.edu.my/8619/1/2005_-_The_tests_to_determine_%27constructive_dismissal%27_-_the_Malaysian_legal_perspective.pdf |
| _version_ | 1848777035545051136 |
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| author | Md. Dahlan, Nuarrual Hilal Kamarudin, Abdul Rani |
| author_facet | Md. Dahlan, Nuarrual Hilal Kamarudin, Abdul Rani |
| author_sort | Md. Dahlan, Nuarrual Hilal |
| building | IIUM Repository |
| collection | Online Access |
| description | In so far as Malaysia is concerned, there are certain tests adopted by the courts to determine whether the acts of the employer tantamount to constructive dismissal or not. These tests are, - the 'Contract Test' and the 'Just and Equitable Test or Unreasonable Test'. However, courts in Malaysia have yet to resolve which one of these tests is the most prevailing and practical one? There are cases that apply the former test whilst in others the latter test is applied. This paper attempts to define what are these tests, their origins, rationale and applications in cases involving constructive dismissal and to forward suggestions to improve and suggest the best test in determining 'constructive dismissal' in Malaysia. |
| first_indexed | 2025-11-14T14:39:35Z |
| format | Proceeding Paper |
| id | iium-8619 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:39:35Z |
| publishDate | 2005 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-86192023-11-23T07:39:09Z http://irep.iium.edu.my/8619/ The tests to determine 'constructive dismissal': the Malaysian legal perspectives Md. Dahlan, Nuarrual Hilal Kamarudin, Abdul Rani K Law (General) KPG Malaysia In so far as Malaysia is concerned, there are certain tests adopted by the courts to determine whether the acts of the employer tantamount to constructive dismissal or not. These tests are, - the 'Contract Test' and the 'Just and Equitable Test or Unreasonable Test'. However, courts in Malaysia have yet to resolve which one of these tests is the most prevailing and practical one? There are cases that apply the former test whilst in others the latter test is applied. This paper attempts to define what are these tests, their origins, rationale and applications in cases involving constructive dismissal and to forward suggestions to improve and suggest the best test in determining 'constructive dismissal' in Malaysia. 2005-05 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/8619/1/2005_-_The_tests_to_determine_%27constructive_dismissal%27_-_the_Malaysian_legal_perspective.pdf Md. Dahlan, Nuarrual Hilal and Kamarudin, Abdul Rani (2005) The tests to determine 'constructive dismissal': the Malaysian legal perspectives. In: The 9th International Conference on Global Business & Economic Development, 25-28 May 2005, Seoul, South Korea. |
| spellingShingle | K Law (General) KPG Malaysia Md. Dahlan, Nuarrual Hilal Kamarudin, Abdul Rani The tests to determine 'constructive dismissal': the Malaysian legal perspectives |
| title | The tests to determine 'constructive dismissal': the Malaysian legal perspectives |
| title_full | The tests to determine 'constructive dismissal': the Malaysian legal perspectives |
| title_fullStr | The tests to determine 'constructive dismissal': the Malaysian legal perspectives |
| title_full_unstemmed | The tests to determine 'constructive dismissal': the Malaysian legal perspectives |
| title_short | The tests to determine 'constructive dismissal': the Malaysian legal perspectives |
| title_sort | tests to determine 'constructive dismissal': the malaysian legal perspectives |
| topic | K Law (General) KPG Malaysia |
| url | http://irep.iium.edu.my/8619/ http://irep.iium.edu.my/8619/1/2005_-_The_tests_to_determine_%27constructive_dismissal%27_-_the_Malaysian_legal_perspective.pdf |