THEORISING EMPLOYMENT DISCRIMINATION – A COMMON LAW APPROACH
نویسندگان
چکیده
Purpose: Unlike the United Kingdom with her Equality Act 2010 that covers different settings and grounds of discrimination, Malaysia does not have an explicit anti-discrimination legislation. On this ground, in employment context, researchers established employee could institute right against discrimination through common law.
 Theoretical Framework: The argument is founded on implied contractual term, trust confidence, together duty care.
 Methodology: A doctrinal legal research approach by composing a descriptive analytical analysis rules gathered from primary sources namely court cases statutes.
 Findings: Common law term care should be positioning establishing employer’s liability for thus providing recourse victimized/discriminated employees.
 Research Implications: This work demonstrates absence statute regarding breach indicating interrelation theory relations.
 Originality: Should rights protection employees jeopardized legislation Malaysia, at least, until recently, it theorised law’s are basis employees.
منابع مشابه
Incidental findings: a common law approach.
Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher's disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal cuty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be m...
متن کاملEmployment discrimination law exposures for international employers A risk assessment model
Purpose – The purpose of this paper is to use a risk management perspective to identify the risks of employment discrimination law liability for multinational employers. Design/methodology/approach – Data from 101 US Federal Court cases that involved multinational employers operating both inside and outside of the USA were content coded and then used to identify factors that predict the frequen...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Russian Law Journal
سال: 2023
ISSN: ['2309-8678', '2312-3605']
DOI: https://doi.org/10.52783/rlj.v11i4s.852