TY  - JOUR
TT  - RECOVERING NON-PECUNIARY LOSSES IN BREACH OF EMPLOYMENT CONTRACT UNDER MALAYSIAN LAW
AU  - Ali Mohamed, Ashgar Ali
AU  - Shair Mohamed, Mohd Akram
AU  - Sardar Baig, Farheen Baig
PY  - 2017
DA  - April
DO  - 10.18769/ijasos.309488
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  - 81
EP  - 89
VL  - 3
IS  - 7
KW  - Employment Law
KW  - Non-pecuniary losses
KW  - Recovering compensation
N2  - Dismissal from employment is the prerogative ofthe employer. An impending dismissal must be carried out fairly with theaffected employee given the right to be heard. When a dismissal has beeneffected in high-handed manner, it may have real prospect of humiliation andembarrassment to the employee. Besides besmirching his reputation, it can alsoaffect the employee’s ability to seek new employment, forcing him to acceptemployment offering lower wages than what would have been expected in the typeof work, or even causing him ill health, among others. The availability of compensationfor non-pecuniary losses such as wounded feelings or the effect of thedismissal on his reputation or the chances of finding other employment arisingfrom the manner of the dismissal were excluded by the House of Lords in theirlandmark case of Addis v Gramophone CoLtd [1909] AC 488. Such compensation was disallowed mainly because thecommon law perceived employment contract as an ordinary commercial contract andthat such contract is not intended to shelter the parties from anxiety. The situationin the 21st century is however markedly different from 1909 where withthe advancement of information technology, the transmission of informationregarding the manner of a dismissal is borderless and thus, having far reachingconsequences on the claimant. In light of the above, this paper discusses thehigh-handed manner of a dismissal, its impact on the employee and theavailability of compensation for non-pecuniary losses under the statutoryunfair or unjustifiable dismissal. Reference is made to the law and practice inselected countries namely, the United Kingdom, Canada, Australia and NewZealand. In the context of Malaysia, it will be contended that an employee thathad been subjected to deplorable acts of victimisation while in employment and anyhigh-handed manner of a dismissal, among others, should be awarded the non-pecuniarycompensation.
CR  - Ashgar Ali, Ali Mohamed. (2014). Dismissal from Employment and the Remedies, (2nd edn). 
Ashgar Ali, Ali Mohamed. (2005). The Remedy of Monetary Compensation in Dismissal Without Just Cause or Excuse: An Analysis. Malayan Law Journal, xxi.
Ashgar Ali Ali Mohamed. (2002). The Harsh Manner of Dismissal: A Worker’s Remedy at Common Law and Statute in Selected Countries. The Journal of the Malaysian Bar Vol. XXXI (No 2) 3.
Ashgar Ali Ali Mohamed. (2015). Sexual Harassment: Liability of Sexual Harasser and Employer in Tort. 
Pertanika J. Soc. Sci. & Hum. 23 (S), 179 – 190.
Carrie R Leana and Daniel C Feldman. (1992). Coping with Job Loss. 11.
UR  - https://doi.org/10.18769/ijasos.309488
L1  - https://dergipark.org.tr/en/download/article-file/298175
ER  -