Employment Law

Constructive Dismissal in Malaysia
The Industrial Relations Act 1967 (IRA), states that when an employee considers themselves dismissed without just cause or excuse by the employer, they may make representations to the Director-General to be reinstated. But what is the position if the employee is not dismissed, but finds themselves in a situation where they have no choice but to resign due to the conduct or decisions of the employer? The IRA does not...
Employment Law

What Constitutes Unfair Dismissal in Malaysia?
Employees’ right to earn their livelihood is guaranteed under Article 5 of the Federal Constitution. The term “livelihood” refers to how one obtains their source of income to buy the things they need and secure life’s necessities. A person’s job is the main source of their livelihood. One of the ways to deprive someone of this right to livelihood would be by unjustly and unfairly removing or terminating them from...