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Probation and Probationers in Malaysia

Apr 19, 2024 | Employment Law

FAQ about Probationers The concept of probationary periods for new employees has become an integral part of the onboarding process. …...
Case Spotlight: When Does A Transfer Amount to Constructive Dismissal?

Apr 12, 2024 | Employment Law

In CIMB Bank Berhad v Ahmad Suhairi Bin Mat Ali & Anor [2023] 1 LNS 1698, the Court of Appeal…...
What is Willful Blindness?

Apr 09, 2024 | Dispute Resolution

The familiar saying, “turning a blind eye,” takes on new significance when it comes to the legal concept of willful…...
Case Spotlight: Communicating Sick Leave and Producing MCs

Apr 05, 2024 | Employment Law

In the Industrial Court case of Shanthini Parmasivam v. Oakbridge International School [2023] 2 ILR 626, the prolonged absence of…...
Case Spotlight: Seat of Arbitration in Domestic Arbitration

Mar 27, 2024 | Dispute Resolution

The “seat of arbitration” refers to the jurisdiction in which the arbitration takes place. It does not refer to a…...
Case Spotlight: Can You Claim from SOCSO for Injuries Sustained When Travelling to Work?

Mar 26, 2024 | Employment Law

Employees who are contributors to the Social Security Organisation (“SOCSO”) scheme can make a claim if they have suffered a…...
Case Spotlight – Independent Contractor or Employee?

Mar 22, 2024 | Employment Law

What do courts generally consider when determining if someone is an independent contractor or an employee? Despite the labels and…...
Can Your Social Media Get You Fired?

Mar 19, 2024 | Employment Law

In an era where social media shapes our personal and professional landscapes, its impact on employment can be profound. Whether…...
The Cornerstone of a M&A Journey: Going Beyond the Basic Terms of a Term Sheet

Mar 13, 2024 | Corporate and Commercial

The initial stages of a Merger and Acquisition (“M&A”) often involve parties trying to establish a meeting of minds on…...
Case Spotlight: Are Unwanted Promotions a Form of Union Busting?

Feb 29, 2024 | Employment Law

Union busting is the act of weakening or destroying a labor union. In Malaysia, the prohibition against union busting is…...
Case Spotlight: Can a Sub-Contractor Claim Against the Employer Even If They Did Not Have a Contractual Relationship?

Feb 26, 2024 | Dispute Resolution

Quantum meruit means “as much as one has deserved”. It is a claim for a reasonable sum for the services…...
Case Spotlight: Claiming Salary that was Cut during MCO

Feb 05, 2024 | Employment Law

During the peak of the COVID-19 pandemic, many businesses found themselves compelled to implement a range of cost-cutting strategies to…...
“Acting” Positions – Is Returning to Your Previous Role A Demotion?

Feb 01, 2024 | Employment Law

[Note: At the time of writing, the Federal Court’s grounds of decision have not been published. This article considers viewpoints…...
Case Spotlight - Provoked Into A Fight

Jan 29, 2024 | Employment Law

In the modern work environment, conflicts can sometimes escalate to unexpected and unfortunate levels. Workplace disputes, disagreements, or confrontations are…...
Case Spotlight: Unfair Dismissal Claims against Wound-Up Employers

Jan 09, 2024 | Employment Law

What happens if an employer is wound-up before an unfair dismissal claim against it can be completed? The High Court’s…...