Articles | Donovan & Ho, Advocates & Solicitors

Case Spotlight: Hospitalization Leave Covers Weekends and Public Holidays

Nov 14, 2025 | Employment Law

Employees are entitled to sick leave and hospitalization leave under the Employment Act 1955 (“EA 1955”). However, the EA 1955…...
Case Spotlight: Industrial Court is Empowered to Grant Cease and Desist Orders

Nov 13, 2025 | Employment Law

If a party to Industrial Court proceedings takes steps to undermine the process or create further industrial unrest while a…...
Case Spotlight: Employers Should Consult Trade Unions Even When the Collective Agreement Is Silent

Nov 10, 2025 | Employment Law

Under most collective agreements, employers are required to consult the trade union before making key decisions that affect workmen. But…...
Case Spotlight: Discovery Applications at the Industrial Court

Oct 31, 2025 | Employment Law

Discovery applications are commonly used in the civil courts to compel the other party to share documents, information, or evidence…...
The Firing of Lim Teong Kim: Industrial Court Finds Perak FC Acted Without Just Cause

Oct 29, 2025 | Employment Law

The Industrial Court in Lim Teong Kim v. Perak FC Sdn Bhd (Award No. 1255 of 2025) delivered a significant…...
Sleeping at Work: Misconduct but Not Dismissal Worthy?

Oct 10, 2025 | Employment Law

Sleeping at work is a misconduct, but it may not always be the case that it warrants dismissal. A dismissal…...
Employer Obligations in Reporting Crimes at Work

Sep 22, 2025 | Employment Law

Employers occasionally face difficult situations when allegations of employee misconduct involve potential criminal offences, such as drug use, theft, or…...
Case Spotlight: Termination Without Reason – A Costly Lesson for Employers

Sep 17, 2025 | Employment Law

Can an employer dismiss an employee without giving any reason, by relying on the notice clause? The Industrial Court has…...
Case Spotlight: Post-Retirement Fixed Term Contract

Sep 09, 2025 | Employment Law

Fixed-term employment contracts are widely used in Malaysia to engage employees for a defined duration. When structured properly, they can…...
Case Spotlight: Is Mentioning Dismissal a Form of Pressure to Resign?

Aug 29, 2025 | Employment Law

Employers are entitled to suspend employees while conducting disciplinary investigations. During this process, the Company may clarify potential outcomes to…...
Case Spotlight: Retracting a Resignation and Claiming It Was Forced

Aug 08, 2025 | Employment Law

In MNJ v Myburgerlab Sdn Bhd (Award 488 of 2025), the Industrial Court had to consider whether the Claimant was…...
Case Spotlight: Union’s Locus Standi in Collective Bargaining

Jul 18, 2025 | Employment Law

When a union no longer has any members in a particular establishment, does it retain the legal standing to continue…...
Case Spotlight: When “Mutual” in a MSA isn’t Mutual

Jul 09, 2025 | Employment Law

Mutual Separation Agreements (MSAs) are widely used to bring employment relationships to a close on amicable terms. When done properly,…...
Case Spotlight: Defiance in the Workplace – When Refusal Becomes Insubordination

Jul 01, 2025 | Employment Law

What happens when an employee repeatedly refuses to follow the company’s instructions, despite being given multiple chances and alternatives? In…...
Case Spotlight: Productivity Allowance is Part of Wages

Jun 24, 2025 | Employment Law

“Productivity allowance” is a payment typically used to incentivize employees for their availability, readiness, or contribution to business output beyond…...