Malaysia
Beatrice A/P at Fernandez v. Sistem Penerbangan Malaysia & ORS, (March 11, 2003)
Chief Magistrate's Court at Thika
Keywords: Discrimination-Gender/Sex, Employment
Brief Summary:The applicant in this case was employed by the respondent as a flight stewardess. The collective agreement required all stewardesses to resign on becoming pregnant. The applicant refused and was ultimately terminated. Applicant commenced the action, alleging that the collective agreement discriminatory and therefore violated article 8 of the Federal Constitution. The court dismissed applicant's complaint, declaring, amongst other things, that the article 8 could not be expanded to include within its scope the collective agreement.
CEDAW:The applicant argued that CEDAW was applicable to the terms and conditions of the collective agreement. The court failed to address the applicability of CEDAW in the final judgment.