Citation

Dhillon, Guru and Lee, Sook Ling (2019) Managing Gross Misconduct, Insubordination and Infidelity at the Malaysian Workplace – A Legal Review. In: 42nd International Scientific Conference on Economic and Social Development, 12-13 June 2019, Pearson College, London , United Kingdom.

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Abstract

With more and more people getting employed at the workplace, it is only natural that acts of misconduct are increasing. This paper attempts to demystify the act of misconduct that happens in the workplace and particularly focusses on specific acts of misconduct. The focus is on gross misconduct, insubordination, infidelity and the requirement for due inquiry prior to instructing a dismissal. In Malaysia, an act of misconduct is categorized into gross and general but how does one distinguish a gross misconduct from a general misconduct? Is summary or instant dismissal allowed for certain misconduct cases, or does every misconduct case have to go through required procedure of due inquiry before the sword of dismissal is unleashed? It would appear that complying with due inquiry prior to a dismissal is quite a grey area these days. Relevant case laws that are pertaining to the above will be discussed. This paper could be a great use of information to the every person who is working, legal practitioners, academics, policymakers and students of employment law. It could also be a guide for any possible future amendments to the current inadequacies of the law. This study has been done courtesy of funding that was granted by the Ministry of Higher Education of Malaysia

Item Type:	Conference or Workshop Item (Paper)
Uncontrolled Keywords:	Due Inquiry, Employment Law, Gross Misconduct, Infidelity, Insubordination
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Rosnani Abd Wahab
Date Deposited:	27 Jan 2022 01:49
Last Modified:	27 Jan 2022 01:49
URII:	http://shdl.mmu.edu.my/id/eprint/9505

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