The dismissal of a pregnant stewardess: still lawful in Malaysia

Abstract

Although Malaysian laws generally do not explicitly discriminate against women in employment, such discrimination does occur. The Federal Constitution, being the supreme law of Malaysia, provides a guarantee of equality in employment. However, Article 8, which prohibits gender discrimination in employment, refers to public services. In the case described here a stewardess worked for a private airline and the courts determined that constitutional protection did not extend to her. It would appear that the Malaysian court's strict interpretation of Article 8 renders valid the term of a collective employment agreement requiring a stewardess to resign if she becomes pregnant. This paper examines the interplay between an employment contract, a collective agreement, employment law and the constitutional rights of Malaysian citizens.

Keywords:

• Malaysian law
• Federal Constitution
• employment contract
• collective agreement
• gender

Acknowledgements

This paper is the culmination of research funded by the Ministry of Higher Education (Code No: UKM-GUP-JKKBG-08-04-017) entitled ‘Legal and Policy Issues of Air Transportation and Services’. I would like to record my gratitude to members of the group: Rohani Abdul Rahim, Jasri Jamal, Zinatul Ashiqin Zainol, Wan Siti Adibah Wan Dahalan, Rooshida Merican and Che Norlia Mustafa; and to my research assistants, Nor Suhaila Che Musa and Annalisa Yuhanan, for their assistance.