Principle of proportionality of punishment in dismissal without just cause and excuse
The principle of proportionality of punishment implies that the punishment to be imposed on the offender should fit the crime ie the punishment must be proportionate to the severity of the wrong committed. In cases that established misconduct, the disciplinary authority has the discretion to determi...
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| Format: | Article |
| Language: | English |
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LexisNexis Malaysia Sdn Bhd
2014
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| Online Access: | http://irep.iium.edu.my/38642/ http://irep.iium.edu.my/38642/ http://irep.iium.edu.my/38642/1/DOCTRINE_OF_PROPORTIONALITY_IN_ILR.pdf |
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iium-386422016-10-21T04:49:19Z http://irep.iium.edu.my/38642/ Principle of proportionality of punishment in dismissal without just cause and excuse Ali Mohamed, Ashgar Ali K Law (General) The principle of proportionality of punishment implies that the punishment to be imposed on the offender should fit the crime ie the punishment must be proportionate to the severity of the wrong committed. In cases that established misconduct, the disciplinary authority has the discretion to determine the severity of the disciplinary measure justified by the employee’s misconduct. The question remains whether the preferred sanction was warranted in the circumstances, or whether it was proportionate to the gravity of the wrong committed. Having said the above, this article discusses the principle of proportionality of punishment with reference to cases involving dismissal from employment and in particular, the recent Federal Court’s decision in bin Bakar v Panzana Enterprise Sdn Bhd [2013] MLJU 1016 (FC). LexisNexis Malaysia Sdn Bhd 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/38642/1/DOCTRINE_OF_PROPORTIONALITY_IN_ILR.pdf Ali Mohamed, Ashgar Ali (2014) Principle of proportionality of punishment in dismissal without just cause and excuse. Industrial Law Journal, 2. i-xviii. ISSN 2180-4524 http://www.lexisnexis.com.my/en-my/products/industrial-law-journal.page |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
K Law (General) |
| spellingShingle |
K Law (General) Ali Mohamed, Ashgar Ali Principle of proportionality of punishment in dismissal without just cause and excuse |
| description |
The principle of proportionality of punishment implies that the punishment to be imposed on the offender should fit the crime ie the punishment must be proportionate to the severity of the wrong committed. In cases that established misconduct, the disciplinary authority has the discretion to determine the severity of the disciplinary measure justified by the employee’s misconduct. The question remains whether the preferred sanction was warranted in the circumstances, or whether it was proportionate to the gravity
of the wrong committed. Having said the above, this article discusses the principle of proportionality of punishment with reference to cases involving dismissal from employment
and in particular, the recent Federal Court’s decision in bin Bakar v Panzana Enterprise Sdn Bhd [2013] MLJU 1016 (FC).
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| format |
Article |
| author |
Ali Mohamed, Ashgar Ali |
| author_facet |
Ali Mohamed, Ashgar Ali |
| author_sort |
Ali Mohamed, Ashgar Ali |
| title |
Principle of proportionality of punishment in dismissal without just cause and excuse |
| title_short |
Principle of proportionality of punishment in dismissal without just cause and excuse |
| title_full |
Principle of proportionality of punishment in dismissal without just cause and excuse |
| title_fullStr |
Principle of proportionality of punishment in dismissal without just cause and excuse |
| title_full_unstemmed |
Principle of proportionality of punishment in dismissal without just cause and excuse |
| title_sort |
principle of proportionality of punishment in dismissal without just cause and excuse |
| publisher |
LexisNexis Malaysia Sdn Bhd |
| publishDate |
2014 |
| url |
http://irep.iium.edu.my/38642/ http://irep.iium.edu.my/38642/ http://irep.iium.edu.my/38642/1/DOCTRINE_OF_PROPORTIONALITY_IN_ILR.pdf |
| first_indexed |
2023-09-18T20:55:31Z |
| last_indexed |
2023-09-18T20:55:31Z |
| _version_ |
1777410277231296512 |