The newly recognized torts of harassment and sexual harassment in Malaysia

Abdul Majid, Sri Yogamalar, Audrey Kim Lan Siah, Jane Lai Yee Terpstra-Tong, Luc Borrowman

Research output: Contribution to conferenceAbstract

Abstract

In a landmark case in 2016, Malaysia’s apex court, the Federal Court, explicitly recognized for the first time, the common law tort of sexual harassment. Actually, the Federal Court did more than that; its recognition of the common law tort of sexual harassment is built on its recognizing the common law tort of harassment. The recognition of the tort of harassment has escaped notice because attention has been concentrated on the more sensational tort of sexual harassment. This paper undertakes the deconstruction of Federal Court’s exposition of the tort
of sexual harassment to reveal that the exposition itself acknowledges the existence of the tort of harassment per se. The tort of harassment that the Federal Court sent out into the world is largely a creature of its English common law ancestry.
Original languageEnglish
Publication statusPublished - 7 Jan 2019
EventJournal of Contemporary Accounting and Economics (JCAE) Doctoral Consortium and Annual Symposium 2019 - Putrajaya, Malaysia
Duration: 7 Jan 20199 Jan 2019
https://jcae2019.wordpress.com/

Conference

ConferenceJournal of Contemporary Accounting and Economics (JCAE) Doctoral Consortium and Annual Symposium 2019
Country/TerritoryMalaysia
CityPutrajaya
Period7/01/199/01/19
Internet address

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