Abstract

This paper examines the new legal provisions on sexual harassment in the workplace in Malaysia. Prior to the enactment of the new provisions into the Employment Act 1955, the guidelines for sexual harassment were in the form of a Code of Practices. An employee could only obtain legal redress from the courts on the grounds of constructive dismissal after resigning. The employee concerned could also lodge a police report, but the criminal punishment imposed on the offender did not include compensation for loss suffered by the employee. In addition, there was no clear legal redress protecting the employee suffering from sexual harassment while still on the job. Recognizing these inadequacies, the Malaysian government amended the Employment Act 1955 in 2012 by introducing Part XVA on sexual harassment. Results of sexual harassment cases decided by the Industrial Court have been mixed favoring both the dismissed employees as well as employers. The research method adopted in this paper is legal analysis.

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