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

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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Item Type: Article (Commonwealth Reporting Category C)
Refereed: No
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 28 May 2013 03:10
Last Modified: 28 May 2013 03:57
Uncontrolled Keywords: Malaysia; employees;
Fields of Research : 16 Studies in Human Society > 1605 Policy and Administration > 160512 Social Policy
18 Law and Legal Studies > 1801 Law > 180118 Labour Law
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9401 Community Service (excl. Work) > 940108 Distribution of Income and Wealth
E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/22563

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