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Gender Discrimination in Employment - How far Does Article 8 of the Federal Constitution guarantee gender equality? [Malaysia]

Author: Jashpul Kaur Bhatt, Malaysian Bar, Published on: 17 November 2005

This paper is in response to the recent Federal Court ruling in Beatrice A/P AT Fernandez v Sistem Penerbangan Malaysia & Ors...The Federal Court refused to grant leave to appeal against the Court of Appeal decision that the applicant, an air stewardess with the national carrier, Sistem Penerbangan Malaysia or Malaysian Airlines System...had been rightly dismissed when she got pregnant in contravention of the collective agreement between the MAS employees union and MAS. The paper will examine the extent to which Article 8 of the Federal Constitution guarantees gender equality particularly from the perspective of employment in the private sector, pregnancy and gender discrimination.

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Related companies: Malaysia Airlines