Understanding Workplace Discrimination: Insights from Employment Lawyer in KL Malaysia

BY EMPLOYMENT LAW MALAYSIA

Understanding Workplace Discrimination: Insights from Employment Lawyer in KL Malaysia

Combating Bias at Work: A Legal Guide from Employment Lawyer in KL Malaysia

Workplace discrimination is a critical concern under employment law Malaysia, with courts consistently protecting employees against unjust treatment. As upheld in cases like Khaliah bte Abbas v Pesaka Capital Corp Sdn Bhd [1997] 1 MLJ 376, the Industrial Court Malaysia holds jurisdiction to overturn dismissals resulting from discriminatory practices or unfair dismissal Malaysia.

Types of Workplace Discrimination Recognised Under Labour Law Malaysia

1. Victimisation Leading to Constructive Dismissal

Employers may deliberately treat an employee unfavourably to force resignation—a form of constructive dismissal Malaysia. In Global Pest Control Sdn Bhd v. Nadaraja Vellayan [1998] 2 ILR 405, the court ruled that unequal treatment, including withholding work, late salary payments, and unfair warnings, amounted to discrimination.

2. Discrimination Based on Union Membership

Section 5 of the Industrial Relations Act 1967 prohibits employers from dismissing or discriminating against employees due to union involvement. This was reaffirmed in Ismail Nasaruddin Abdul Wahab v Malaysian Airline System Bhd [2022] 9 CLJ 801, emphasising protection for union activities under employment law Malaysia.

3. Discrimination on Grounds of Race, Religion, and Gender

• Public Sector Protections: Article 8 of the Federal Constitution of Malaysia guarantees equality in public employment. In Ahmad Tajudin Ishak v Suruhanjaya Pelabuhan Pulau Pinang [1997] 2 CLJ 225, the court affirmed constitutional protection against biased treatment.

• Private Sector Limitations: Unfortunately, Article 8 does not extend to private contracts. In Airasia Bhd v Rafizah Shima Mohamad Aris [2015] 2 CLJ 510, dismissal due to a pregnancy clause was upheld. Similar reasoning applied in Beatrice AT Fernandez v Sistem Penerbangan Malaysia and Anor [2005] 2 CLJ 713.

Legal Developments Strengthening Employee Rights

The Employment Act 2023 Malaysia introduced Section 69F, empowering the Director General of Labour to investigate workplace discrimination claims. Offending employers may face penalties up to RM50,000.

Section 41A also restricts termination of pregnant employees, except in cases of misconduct, breach of contract, or company closure. These updates enhance protection under labour law Malaysia.

Global Perspectives on Anti-Discrimination Laws

• United Kingdom: The Equality Act 2010 outlaws discrimination based on protected characteristics like race, gender, and religion.

• European Union: Article 9 of the European Convention on Human Rights ensures non-discriminatory employment practices. In Bougnaoui and Anor v Micropole SA [2017], dismissal for wearing a hijab was deemed discriminatory.

• Singapore: Scheduled for 2024, the Workplace Fairness Legislation (WFL) will impose transparency in discrimination complaints and bar retaliation against whistleblowers.

Taking Action Against Workplace Discrimination

Workplace bias violates both employee dignity and employment law Malaysia. If you’re experiencing discrimination, consult a:

• Workplace discrimination lawyer Malaysia to file a formal claim

• Wrongful dismissal lawyer Malaysia or unfair dismissal Malaysia expert for termination-related discrimination

• Employment lawyer Malaysia or labour lawyer Malaysia for procedural support

• Employee rights lawyer Malaysia to assess your rights and remedies

• Employment contract dispute Malaysia lawyer for contract-based violations

Seeking help from an industrial relations lawyer Malaysia or labour court Malaysia lawyer may also be necessary for redress.

Legal Help from Employment Law Malaysia

Employment Law Malaysia offers expert support on:

• Legal advice for wrongful termination Malaysia

• Navigating the employment tribunal Malaysia

• Ensuring HR legal compliance Malaysia

• Handling termination of employment Malaysia ethically

• Offering practical employment dispute resolution Malaysia

• Providing comprehensive legal advice for employees Malaysia

If you’re facing discrimination, search “employment lawyers near me” and consult with

Employment Law Malaysia to defend your rights.

Conclusion

Discrimination in the workplace can be subtle or overt—but always unlawful. Employers must adopt non-discriminatory policies, and employees must know their legal rights. For trusted guidance, hire employment lawyer Malaysia who is experienced in employment law Malaysia to challenge injustice and protect your workplace dignity.

Contact us today for a free consultation via WhatsApp (+6011-1630-0091) or email (general@employmentlawmalaysia.com) for expert advice tailored to your employment needs.