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      • KCI등재후보

        Domestic inquiry, misconduct and the rules of natural justice in the context of Malaysian industrial relations

        Balakrishnan Parasuraman 한국비교노동법학회 2008 노동법논총 Vol.13 No.-

        This paper is based on the analysis of two of the most important pieces of Malaysian employment legislation (Employment Act 1955 and Industrial Relations Act 1967) and the Malaysian Industrial Court awards (criterion-based sampling) on misconduct, domestic inquiry and the rules of natural justice. Misconduct is a conduct by the employee which is inconsistent with the fulfillment of the expressed or implied conditions of his service. In Malaysian employment relations, there seems to be an increasing number of Industrial Court cases related to employment misconduct. In 2005, 98.2% of the dismissal awards from the Industrial Court were related to the employment misconduct. Ineffective management of employment misconduct especially the violation of the rules of natural justice in the conduct of domestic inquires results an employee (workman) claiming unfair dismissal under Section 20, Industrial Relations Act 1967. Therefore the due (domestic) inquiry is a requirement (Section 14.1 of the Employment Act 1955, and the principles of common law), which the employer must adhere before meting out any punishment for employment misconduct. Recently, there had been several questions on the interpretation of Section 14(1) of the Employment Act 1955 on the need for domestic inquiry before dismissal for workman who are not within the scope of the Employment Act 1955. However findings from the Industrial Court awards reveals that many awards were made against the employers as they failed to conduct domestic inquiry and violated the principles of natural justice. This means domestic inquiry must beheld for serious misconduct cases and the accused employee must be accorded to a fair hearing based on the rules of natural justice. In this paper the authors are suggesting some proactive measures which can be taken by employers to minimize and to prevent employment misconduct, besides other guideline to improve employment relationship in the context of Malaysia.

      • Growth of nanolaminate structure of tetragonal zirconia by pulsed laser deposition

        Balakrishnan, Govindasamy,Kuppusami, Parasuraman,Sastikumar, Dillibabu,Song, Jung Il Springer 2013 Nanoscale research letters Vol.8 No.1

        <P>Alumina/zirconia (Al<SUB>2</SUB>O<SUB>3</SUB>/ZrO<SUB>2</SUB>) multilayer thin films were deposited on Si (100) substrates at an optimized oxygen partial pressure of 3 Pa at room temperature by pulsed laser deposition. The Al<SUB>2</SUB>O<SUB>3</SUB>/ZrO<SUB>2</SUB> multilayers of 10:10, 5:10, 5:5, and 4:4 nm with 40 bilayers were deposited alternately in order to stabilize a high-temperature phase of zirconia at room temperature. All these films were characterized by X-ray diffraction (XRD), cross-sectional transmission electron microscopy (XTEM), and atomic force microscopy. The XRD studies of all the multilayer films showed only a tetragonal structure of zirconia and amorphous alumina. The high-temperature XRD studies of a typical 5:5-nm film indicated the formation of tetragonal zirconia at room temperature and high thermal stability. It was found that the critical layer thickness of zirconia is ≤10 nm, below which tetragonal zirconia is formed at room temperature. The XTEM studies on the as-deposited (Al<SUB>2</SUB>O<SUB>3</SUB>/ZrO<SUB>2</SUB>) 5:10-nm multilayer film showed distinct formation of multilayers with sharp interface and consists of mainly tetragonal phase and amorphous alumina, whereas the annealed film (5:10 nm) showed the inter-diffusion of layers at the interface.</P>

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