Pre-Dismissal Right to be Heard in the Private Sector in Malaysia: Lessons from England and India

The right to livelihood is a fundamental right guaranteed by the Federal Constitution. This right is reflected in the employment legislations including the pre-dismissal right to be heard on the grounds of misconduct. Unfortunately, in practice, issues on whether the right is mandatory; whether it is curable or whether it is applicable to all private sector employees are still being debated and the above forms the theme of this paper.