The dismissal of a pregnant stewardess
Still lawful in Malaysia
Bibliographic Data
| ID | 3617587 |
|---|---|
| Authors | Kamal Halili Hassan (National University of Malaysia, corresponding author) |
| Year | 2012 |
| Volume | 21 |
| Issue | 2 |
| Pages | 125-132 |
| Publication date | 2012-06-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Gender Studies (JOURNAL) |
| Journal identifiers | ISSN: 0958-9236 • E-ISSN: 1465-3869 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/09589236.2012.661566 |
| OpenAlex | W2058576699 |
| Language | EN |
| References cited | 6 |
Although Malaysian laws generally do not explicitly discriminate against women in employment, such discrimination does occur. The Federal Constitution, being the supreme law of Malaysia, provides a guarantee of equality in employment. However, Article 8, which prohibits gender discrimination in employment, refers to public services. In the case described here a stewardess worked for a private airline and the courts determined that constitutional protection did not extend to her. It would appear that the Malaysian court's strict interpretation of Article 8 renders valid the term of a collective employment agreement requiring a stewardess to resign if she becomes pregnant. This paper examines the interplay between an employment contract, a collective agreement, employment law and the constitutional rights of Malaysian citizens
Constitution · Constitutional right · Dismissal · Employment contract · Labour law · Political science · Supreme court · Discrimination and Equality Law · Gender and Women's Rights · Law · Sex work and related issues
| Highly cited | No |
|---|