Charting new horizons in procedural fairness and substantive fairness in individual employment law

Article


Sundra Karean, Vanitha. 2007. "Charting new horizons in procedural fairness and substantive fairness in individual employment law." Malayan Law Journal. 6, pp. i-xvi.
Article Title

Charting new horizons in procedural fairness and substantive fairness in individual employment law

Article CategoryArticle
Authors
AuthorSundra Karean, Vanitha
Journal TitleMalayan Law Journal
Journal Citation6, pp. i-xvi
Number of Pages17
Year2007
Place of PublicationKuala Lumpur, Malaysia
Abstract

In the precursor to this article1 I analysed the development of the right to livelihood doctrine and the doctrine of procedural fairness within the newly constitutionalised labour law. I will in this paper, evaluate the relevance of the constitutional right to livelihood and the doctrines of procedural and substantive fairness to individual labour law and consider the possible areas in individual employment law where these legal conceptions may be applied. In this regard, the questions I seek to address are threefold.
Firstly, I question the significance and scope of finding a constitutional right to livelihood within the employment context. I then question the significance and scope of finding procedural fairness within the concept of equality in the context of individual labour law. Finally, I question the significance and scope of finding substantive fairness within the concept of equality in the individual labour law context.

KeywordsMalaysia; employees;
ANZSRC Field of Research 2020440712. Social policy
480104. Labour law
480499. Law in context not elsewhere classified
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsMonash University
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q1qx1/charting-new-horizons-in-procedural-fairness-and-substantive-fairness-in-individual-employment-law

  • 1743
    total views
  • 7
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

Judicial power in transplanted common law constitutions: Malaysia's continuing struggle - one step forward, two steps back
Sundra-Karean, Vanitha. 2020. "Judicial power in transplanted common law constitutions: Malaysia's continuing struggle - one step forward, two steps back." Public Law: the constitutional and administrative law of the commonwealth.
Labour's voice in corporate governance – the role of corporate social responsibility in generating change at the Malaysian workplace
Sundra-Karean, Vanitha. 2009. "Labour's voice in corporate governance – the role of corporate social responsibility in generating change at the Malaysian workplace." 19th World Congress of the International Society for Labour and Social Security Law (ISLSSL 2009). Sydney, Australia 01 - 04 Sep 2009
Industrial adjudication – reforms and the future of industrial tribunals in Malaysia: a perspective for individual labour
Sundra-Karean, Vanitha. 2010. "Industrial adjudication – reforms and the future of industrial tribunals in Malaysia: a perspective for individual labour." 1st Annual Employment and Labour Law Conference 2010. Kuala Lumpur, Malaysia 2010
The role of corporate social responsibility and soft law options in the protection of migrant workers' interests in host countries: the case of Malaysia
Sundra-Karean, Vanitha and Syed Ahmad, Sharifah Suhanah. 2012. "The role of corporate social responsibility and soft law options in the protection of migrant workers' interests in host countries: the case of Malaysia." Asian Journal of Social Science. 40 (4), pp. 509-523. https://doi.org/10.1163/15685314-12341245
The erosion of the implied term of mutual trust and confidence in Australian employment law: are common law and statute necessarily uncomfortable bedfellows?
Sundra-Karean, Vanitha. 2016. "The erosion of the implied term of mutual trust and confidence in Australian employment law: are common law and statute necessarily uncomfortable bedfellows?" Common Law World Review. 45 (4), pp. 275-297. https://doi.org/10.1177/1473779516669680
In defense of soft law and public-private initiatives: a means to an end? - The Malaysian case
Sundra-Karean, Vanitha. 2011. "In defense of soft law and public-private initiatives: a means to an end? - The Malaysian case." Theoretical Inquiries in Law. 12 (2), pp. 465-487.
Is the employment construct a socio-legal or purely economic phenomenon? In search of a redefining theory for employment law
Sundra-Karean, Vanitha. 2013. "Is the employment construct a socio-legal or purely economic phenomenon? In search of a redefining theory for employment law." Foley, Tony (ed.) Annual Australian National University ECR Workshop 2013. Canberra, Australia 14 - 15 Feb 2013 Canberra, Australia.
Labour law reform in Malaysia: challenges and opportunities in a globalized environment
Sundra-Karean, Vanitha. 2010. "Labour law reform in Malaysia: challenges and opportunities in a globalized environment." 23rd Law Association for Asia and the Pacific Conference (LawAsia 2010): Asia's Economic Century: Opportunities and Challenges of Inclusive Growth. New Delhi, India 11 - 14 Nov 2010
Common law versus statutory regulation of individual labour rights in Australia: how is the public interest best served?
Sundra-Karean, Vanitha. 2012. "Common law versus statutory regulation of individual labour rights in Australia: how is the public interest best served?" Roles, Cameron, Stewart, Andrew, Lambropoulos, Victoria and Riley, Joellen (ed.) 6th Australian Labour Law Association Biennial Conference (ALLA 2012): Working in the Public Interest. Canberra, Australia 16 - 17 Nov 2012 Melbourne, Australia.
Australian constitutional law: commentary and cases
Ratnapala, Suri, Koch, Cornelia, Thomas, John and Karean, Vanitha. 2007. Australian constitutional law: commentary and cases. Melbourne, Australia. Oxford University Press.
Employment law and theory: a Malaysian focus with a comparative perspective
Sundra-Karean, Vanitha. 2012. Employment law and theory: a Malaysian focus with a comparative perspective. Kuala Lumpur, Malaysia. Malaysian Current Law Journal.
The constitutional right to livelihood as a developing field in Malaysian labour jurisprudence
Sundra Karean, Vanitha. 2007. "The constitutional right to livelihood as a developing field in Malaysian labour jurisprudence." Malayan Law Journal. 5, pp. lxxxviii-cxxi.