TY  - JOUR
TT  - POST DISMISSAL EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR DISMISSAL IN MALAYSIA
AU  - Ali Mohamed, Ashgar Ali
AU  - Shair Mohamed, Mohd Akram
AU  - Sardar Baig, Farheen Baig
PY  - 2017
DA  - April
DO  - 10.18769/ijasos.309485
JF  - IJASOS- International E-journal of Advances in Social Sciences
JO  - IJASOS
PB  - OCERINT International Organization Center of Academic Research
WT  - DergiPark
SN  - 2411-183X
SP  - 60
EP  - 69
VL  - 3
IS  - 7
KW  - Post Dismissal Earning
KW  - Monetary Compensation
KW  - Reduction of
N2  - Atcommon law, a wrongfully dismissed workman is bound to make reasonable exertionand show diligence in endeavouring to procure alternative employment. Failureto accept suitable alternative employment or take reasonable steps to procurethe same would result in a deduction from the total amount recoverable forunfair dismissal calculated on a sum representing the amount the workman mighthave earned during the period. If the workman is unable to secure a comparablejob, or where a comparable job did not exist having regard to the nature of hisresponsibilities and skill requirement, rate of pay and the location, he is notbound to accept such employment nor will a reduction be warranted. The burdenis on the employer to present credible evidence that it is more likely than notthat the workman failed to mitigate the loss, and the court will consider thesteps taken by the workman to mitigate the loss. In Malaysia, the IndustrialCourt is required to reduce or scale down the back wages when there was a postdismissal earning after the dismissal, a percentage of such earning shall bededucted from the back wages. The Court should take into account all relevantmatters including the fact, where it exists, that the workman has beengainfully employed elsewhere after his dismissal. An employee who has not beengainfully employed since his dismissal, or who has been gainfully employed buton a woefully small salary, should clearly say so to the court. To remainsilent is to risk the court making a deduction deemed reasonable by the court. Apartfrom the duty to mitigate loss, the quantum of deduction, the factors that needto be considered and the sum that the employee will finally receive is equallyimportant to be discussed. In light of the above, this paper discusses the dutyof the employee to mitigate the loss following an unfair dismissal and the quantumof deduction with reference to the practice in Malaysia and United Kingdom.
CR  - Ashgar Ali, Ali Mohamed. (2014). Dismissal from Employment and the Remedies, (2nd edn.). 
Ashgar Ali. Ali Mohamed. (2014). Principle of proportionality of punishment in dismissal without just cause and excuse. Industrial Law Journal, i-xviii.
Ashgar Ali, Ali Mohamed. (2005). The Remedy of Monetary Compensation in Dismissal Without Just Cause or Excuse: An Analysis. Malayan Law Journal, xxi.
C.P.Mill. (1984). Industrial Dispute Law in Malaysia (2 Edn.), 135.
J. Selden, Table Talk, quoted in M. B. Evans and R. I. Jack (eds), (1984). Sources of English Legal and Constitutional History, 223–224.
UR  - https://doi.org/10.18769/ijasos.309485
L1  - https://dergipark.org.tr/en/download/article-file/298172
ER  -