期刊名称：International Journal of Academic Research in Business and Social Sciences
电子版ISSN：2222-6990
出版年度：2020
卷号：10
期号：11
页码：469-485
DOI：10.6007/IJARBSS/v10-i11/8000
语种：English
出版社：Human Resource Management Academic Research Society
摘要：The objectives of this study are to provide an analysis of constructive dismissal cases and to explore several practical issues involving claims of constructive dismissal. It starts by analyzing the Malaysian case laws which been categorized in eight dimensions namely (i) work/job (ii) transfer (iii) salary & benefits (iv) series of actions (v) disciplinary cases (vi) forced resignation (vii) demotion and (viii) general cases. It then explores on the lesson learnt for both the employer and employee by looking on various judgment made by the industrial court. It further analyses some cases on what employer’s actions constitute constructive dismissal, such as unilateral changes in work/job and changes to the level of pay or the benefits structure. The methodology used is qualitative analysis approach by examining 350 cases of case laws under the pretext of ‘constructive dismissal’ from Malaysian Industrial Court cases for a period of 10 years (1995-2004). From the analysis it was found only 136 cases (43.7%) are in favour of employees and the 175 cases (56.3%) are in favour of employers. The highest cases is the job/work dimension which stood at 28% or 87 cases and the least is the demotion dimension which stood at 3.2% or 10 cases only. Finally this paper highlights a few tips for employers and employees in managing the issues of constructive dismissal in the workplace.
