UNFAIR DISMISSAL OR UNLAWFUL TERMINATION: A REVIEW OF SECTION 20, INDUSTRIAL RELATION ACT 1967

Abstract

The concept of “unfair dismissal” or “unlawful termination” is not new in Malaysia.  Over the years, there has been a heightened awareness about employee rights in Malaysia. Nevertheless, there are many misconceptions that have not been corrected.  The issues of wrongful dismissal still had been discussed everyday. We can see there are a lot of cases concerning the issue of wrongful dismissal in Malaysia and claim for wrongful dismissal has increased steadily. Why all of this still happened? Did the authority effectively prevent an employer from dismissing an employee without good cause? What are the procedures they follow? Did the compensation given to them was enough for everything that they suffered? This paper seeks to analyse the procedures taken for reinstatement by the authority in order to develop a summary of these workers and also this paper discuss about the compensation available for the workers.