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Case Spotlight: Is Absolute Discretion Absolute?
Jul 26, 2021 | Employment Law
Many things are said to be at the discretion of an employer. It is common to see phrases like “the…... -
High Court Rules that Grab Drivers are Not Employees
Jul 13, 2021 | Employment Law
On 9 July 2021, the High Court ruled that a Grab (e-hailing) driver is not an employee. A Grab driver…... -
No requirement for employee to plead reinstatement in unfair dismissal claim
Jul 06, 2021 | Employment Law
The Court of Appeal in Sanbos (Malaysia) Sdn Bhd v Gan Soon Huat [2021] MLJU 498 recently held that the…... -
The Serial Claimant
Jun 18, 2021 | Employment Law
In 2018, we wrote about an employee who had 14 unfair dismissal claims filed against his former employers. The employee’s…... -
Case Spotlight: Employer Ordered to Pay Pro-Rated Bonus under Collective Agreement despite Closure of Business
Jun 15, 2021 | Employment Law
The COVID-19 outbreak has seen many businesses shuttered, as employers and employees continue to suffer the economic impact of the…... -
FAQ on Unused Annual Leave
May 17, 2021 | Employment Law
Annual leave is paid time off, and is often on an accrued basis. This means that the number of leave…... -
Training Programme = Employment?
May 06, 2021 | Employment Law
Some organisations offer management trainee or graduate programmes as a structured route to nurture and develop the skills required for…... -
Retraction of Job Offer is Not Unfair Dismissal
Apr 28, 2021 | Employment Law
When the pandemic first hit in early 2020, the job market was hit: employers with a conservative outlook were looking…... -
Importance of Documents in a Redundancy Claim
Apr 26, 2021 | Employment Law
In advising employers about retrenchment, the usual advice is that there must be a “genuine redundancy”. There are many cases…... -
Case Spotlight: Is a Foreign Government Immune to Malaysian Employment Law?
Apr 12, 2021 | Employment Law
The doctrine of sovereign immunity or state immunity is a legal doctrine where one sovereign state cannot be sued before…... -
Case Spotlight: Fired for Facebook Posting
Apr 05, 2021 | Employment Law
In the realm of business and marketing, social media has become an essential means for companies to reach customers, network,…... -
Practice Note for Virtual Hearings in the Industrial Court
Apr 01, 2021 | Employment Law
The COVID-19 pandemic has shifted the norms of court proceedings towards remote hearings using virtual platforms. To facilitate this, the…... -
Case Spotlight: Federal Court Rules that Service Charge is Not Part of Minimum Wage
Mar 25, 2021 | Employment Law
In the hotel industry, service charge is imposed on bills to customer (eg: 10% of the total bill). The sum…... -
6 Common Mistakes in Employment Documents
Mar 23, 2021 | Employment Law
One of the matters that a company should consider, as part of its “housekeeping” exercise, is whether its employment documentation…... -
Case Spotlight: Rightsizing Done Right
Mar 17, 2021 | Employment Law
Right sizing is a process where a business reorganizes the size of its workforce to “the right size” so it…...
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