Articles | Donovan & Ho, Advocates & Solicitors

Carry Forward Leave in Malaysia

Jul 31, 2023 | Employment Law

In Malaysia, employees enjoy the privilege of “carrying forward” their unused leave from one year to another, ensuring flexibility in…...
Case Spotlight: Are Employers Liable For Their Employees’ Wrongdoing?

Jul 30, 2023 | Employment Law

The principle of vicarious liability holds employers accountable for the tortious acts committed by their employees during their employment. However,…...
5 Clauses to Consider in an Employment Agreement

Jul 21, 2023 | Employment Law

An employment agreement usually contains the main terms of employment such as the salary and allowances, working hours and location,…...
Case Spotlight: Performance Improvement Plan (PIP) Pitfalls

Jul 20, 2023 | Employment Law

A Performance Improvement Plan (“PIP”) is commonly implemented on under-performing employees to get them to improve their performance. While PIPs…...
Case Spotlight – When is a Director also an Employee?

Jun 30, 2023 | Employment Law

Only employees can file a complaint of unfair dismissal under the Industrial Relations Act 1967 (“IRA 1967”). A question arises…...
Understanding the Reliefs and Remedies in an Unfair Dismissal Claim

Jun 28, 2023 | Employment Law

In unfair dismissal claims, employees may sometimes seek additional remedies such as punitive damages or other perceived employment entitlements. This…...
Case Spotlight – Can the Labour Court Ignore an Employee’s Decision to Withdraw their Claim?

Jun 27, 2023 | Employment Law

Section 69 of the Employment Act 1955 (“EA”) empowers the Director General of Labour to investigate and decide on payment…...
Misusing the Court Process: The Tort of Collateral Abuse

Jun 15, 2023 | Dispute Resolution

Litigation can be time-consuming and costly, which is why it should only be used for legitimate purposes. However, some parties…...
Case Spotlight: When Does the Timeline Start for Filing of Unfair Dismissal Claims?

May 31, 2023 | Employment Law

Employees who view themselves unfairly dismissed must file their representation for reinstatement within 60 days from the last day of…...
Raising Funds from the Public as a Private Company in Malaysia (Part 2) – ECF vs P2P Lending

May 16, 2023 | Corporate and Commercial

Following from the previous article (Part 1), we discussed the restrictions placed on private company limited by shares to raise…...
Can All Claims be Appealed from the Subordinate Court to the High Court?

May 09, 2023 | Dispute Resolution

Losing a case is disheartening, but litigants have the option of appealing most decisions to a higher court. Not all…...
When Can Your Employer Deduct Your Salary?

Apr 25, 2023 | Employment Law

With the ambit of the Employment Act 1955 (“EA”) being widened effective 1 January 2023, the provisions in the EA…...
Employees Cannot Sue for Damages for Unfair Dismissal in Civil Courts

Apr 07, 2023 | Dispute Resolution, Employment Law

In a landmark decision, the Court of Appeal in 7-Eleven Malaysia Sdn Bhd v Ashvine A/P Hari Krishnan (Civil Appeal…...
Anti-Bribery Anti-Corruption (“ABAC”): FAQs During Live Trainings

Apr 03, 2023 | Corporate and Commercial

Bribery and corruption continue to be a persistent challenge in the business world, affecting not only the reputation and integrity…...
How do Mergers & Acquisitions affect employees’ rights?

Mar 31, 2023 | Corporate and Commercial, Employment Law

In mergers & acquisitions (M&A), restructuring is inevitable and this typically includes changes in the workplace arrangement. This means that…...