Employers tend to dismiss employees without proper grounds, in bad faith or fail to follow procedure prescribed under law. An employee that has been dismissed unfairly can bring an action against the employer for unfair dismissal. Damage is the most sought remedy of the employee for unfair dismissal claims. Punitive damage is a form of monetary remedy awarded by the court in addition to the actual damage to the aggrieved party. Punitive damage is awarded as a punishment to the wrongdoer. Punitive damage has become the remedy in both Malaysia and New Zealand. The objective of this study is to analyse the punitive damage awarded by the Malaysian Industrial Court and New Zealand Court in unfair dismissal cases. This study employed a qualitative method with reference to journal articles, relevant statutory laws and case laws on unfair dismissal cases with punitive damage as an award. The findings show that punitive damages in unfair dismissal cases have been awarded by the Malaysian industrial court and New Zealand court against employers on the grounds that the dismissals were made under bad faith. This study is significant as it expands the application of punitive damage in unfair dismissal cases and improve the system’s legal certainty.
Adamu, A. A., Mohamad, B. B., & Rahman, A. A. (2018). Towards Measuring Internal Crisis Communication: A Qualitative Study. Journal of Asian Pacific Communication, 28(1), 107-128. https://doi.org/10.1075/japc.00006.ada
Ayadurai D., (1998) Industrial Relations in Malaysia, Kuala Lumpur: Malayan Law Journal Sdn. Bhd. 126
Anantaraman V., (1997) Malaysian Industrial Relations: Law and Practice, Serdang: Universiti Putra Malaysia Press.
Bailey, K., (1989) Punishment: The Civil Perspective of Punitive Damages, 37 Clev. St. L. Rev. 1
Bradburn, N., Sundman, S., & Wansink, B. (2004). Asking questions: The definitive guide to questionnaire design. San Fransisco: Jossey-Bass.
Bailey, K., (1989) Punishment: The Civil Perspective of Punitive Damages, 37 Clev. St. L. Rev. 1.
Conrad F.,Nicholas G. (2018), Moving Beyond Uberrima Fides? The General Duty of Honesty in Contractual Performance and Punitive Damage Awards in Anglo-Canadian Contract Law, Defence Law Journal, 4: 1-37.
Corby, S. (2000). Unfair dismissal disputes: A Comparative Study of Great Britain and New Zealand. Human Resource Management Journal. 10(1)
Covell W., (2012) Principles of Remedies, Australia: Lexis Nexis Butterworths, 5th edn.
Employment Court of New Zealand (2023) Annual Statistics https://www.employmentcourt.govt.nz/annual-statistics/
Fong, C. M. (2004) Remedi-Remedi bagi Kemungkiran Kontrak di Malaysia. Thompson, Sweet and Maxwell Asia, 2.
James B. S., Kenneth B. C., (1984) Punitive Damages: A Relic That Has Outlived Its Origins, Vanderbilt Law Review 1117
John Y. G.,(2003) Punitive Damages: A Comparative Analysis, Working Paper Series, Villanova University School of Law
McGregor (1988) McGregor on Damages. 15th Edition, London: Sweet & Maxwell Ltd, 1241
Mohamed A..A.A. M, (2014) Dismissal from Employment and The Remedies, 2nd Edition, Lexis Nexis, 568.
Yehuda, A., (2004) Whiten v Pilot Insurance Co.: The Unofficial Death of The Independent Wrong Requirement and Official Birth of Punitive Damages in Contract, Canadian Business Law Journal, 41: 247-278.
