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There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the sixth principle of labour standard on elimination of discrimination in employment and occupation, in particular the doctrine of constructive dismissal in Malaysian labour relations. Constructive dismissal is creating a new challenge in labour relation in Malaysia.

This chapter specifically analyses some of the constructive dismissal awards and its implication to labour relations in Malaysia. The methodology employed in this chapter is the analysis of case laws using criterion-based sampling from the Industrial and Superior Court awards on constructive dismissal.

There has been an increasing number of awards on constructive dismissal made by the Malaysian Industrial Court over the last nine years. From the year 2009–2013, the Industrial Court has made 663 awards on constructive dismissal, mostly against employers. With compensation awarded to each employee amounted to as much as 24 months of back-pay salary plus a month’s pay for every year of service, employers can no longer neglect this pressing issue.

The concept of constructive dismissal falls within the purview of section 20 of the Industrial Relations Act 1967 in Malaysia. Constructive dismissal is a ‘deemed dismissal’ if an employer is guilty of a breach of the employment contract which goes to the root of the contract. It arises when a workman terminates his/her contract of employment and considers himself/herself discharged from further obligations because of the employer’s conduct.

With a good understanding of the constructive dismissal awards, it is expected that organizations will manage and treat their human resources as their greatest assets and prevent constructive dismissal claims from taking place. This will eventually help to improve and maintain harmonious labour relations. This chapter is likely to provide insights into the Malaysian labour relations environment for international business operations.

In the context of Malaysian labour relations, studies on constructive dismissal are limited as it is considered as a new area and a specific area of study. This chapter therefore hopes to fill the existing gap in the literature, to highlight some of the recent awards and lessons to prevent constructive dismissal claims from taking place and generally to contribute to the constructive dismissal literature.

The objective of this research study is to investigate the impact of auditor dismissals and resignations on commercial lending decisions. The study also examines whether a reason given for a dismissal or resignation affects commercial lending decisions. Eighty-five commercial loan officers were given a scenario involving a hypothetical company loan applicant and were first asked to assess the level of risk associated with granting a line of credit. Next, they were asked to assess the probability that they would grant the line of credit. Five different questionnaire versions were created by varying information about an auditor change and the reason for the change. The study finds that risk assessments of and the probability of granting credit to the applicant company do not significantly differ due to knowledge about auditor changes. In addition, participants did not view auditor resignations differently than auditor dismissals. Finally, disclosure of a disagreement as a reason for an auditor change did not have an impact on lending decisions.

Accounting firms claim that the risk of costly litigation leads to resignations from high-risk clients, and that these resignations represent an economic inefficiency. This study examines the association between resignations, dismissals and litigation in the computer industry from 1988–1995. Resignations and dismissals appear to be similar, suggesting some dismissals are implicit resignations. Results support a relationship between risk and resignations. Since some characteristics of auditor litigation risk are also characteristic of unprofitable audit engagements, the analysis incorporates the actual litigation experience of sample companies to provide insights into claims of inefficiencies surrounding the switches.

Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case arguments, and legislative enactments. Whilst the former has had limited success, the passage of legislation has proved instrumental, not only in containing the perpetration of discrimination based on protected grounds but also in increasing awareness of the disadvantages which result from the disparate treatment meted out to persons as a result of their immutable characteristics. Disabilities are one such grounds. Where legislation exists, it typically prohibits disparate treatment in relation to persons with disabilities in the areas of employment, education, and the provision of goods and services. This chapter analyses a sample of discrimination cases, with claimants who have alleged discrimination based on their diagnosis of autism or a related disorder within the autism spectrum. These cases are within the United Kingdom and have been decided by Employment Tribunals in England. The cases and decisions are held at the office of the Employment Tribunal Service in Suffolk and are accessible via their online repository. The sample of Tribunal cases presented here relate to various employment practices within British workplaces.

At the end of this chapter, learners should be able to:

• Understand the meaning of grievance and disciplinary.

• Understand the procedure for grievance and disciplinary.

• Appreciate the critical role of the Advisory, Conciliation and Arbitration Service.

• Understand the step by step guide for the analysis involved in basic award computation

Understand the meaning of grievance and disciplinary.

Understand the procedure for grievance and disciplinary.

Appreciate the critical role of the Advisory, Conciliation and Arbitration Service.

Understand the step by step guide for the analysis involved in basic award computation

We investigate how firing notification procedures influence wage growth. Using a sample of 33 countries over the period 2006–2015, we show that administrative requirements in cases of dismissal have a positive and significant effect on wage growth. The result is robust even after controlling for the endogeneity of the firing notification restrictions, the involvement of third parties in the wage bargaining process, the minimum wage, the firms' training policy, and the composition of employment. These findings suggest that firing notification procedures foster the growth of wages by increasing the bargaining power of incumbent workers.

This chapter focuses on dispute resolution in French labor courts. We empirically investigate the forces that shape decision-making in the pretrial conciliation phase. For that purpose, we compiled a new database from legal documents. The results are twofold. First, conciliation is less likely when plaintiffs are assisted by a lawyer. Although this result might be interpreted in various ways, further analysis shows that the lawyers’ remuneration scheme is the most likely cause of this effect. Second, we find that the likelihood of settlement decreases as the amount at stake increases. These results contribute to the ongoing debate about French labor court reform.