Sundra Karean, Vanitha (2007) Charting new horizons in procedural fairness and substantive fairness in individual employment law. Malayan Law Journal, 6. i-xvi. ISSN 0025-1283
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.
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