Articles | Donovan & Ho, Advocates & Solicitors

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…...
Can Not Having a Work Permit Get You Fired for Misconduct?

Jun 11, 2025 | Employment Law

In Fernandez Melissa Joan v Tadika Celik Comel Sdn Bhd, the court had to decide whether an employee could be…...
LHDN Announces Exemption on Stamping Employment Contracts (6 June 2025)

Jun 06, 2025 | Employment Law

On 6 June 2025, LHDN (Inland Revenue Board of Malaysia) issued a media release clarifying the stamp duty treatment for…...
Retraction of Resignation

May 26, 2025 | Employment Law

Resignations are a routine part of workforce management. Yet, if not handled with care, they can lead to legal uncertainty…...
Case Spotlight: The Right Witness

Apr 25, 2025 | Employment Law

In an unfair dismissal claim involving direct dismissal, the burden of proof is on the employer to establish that they…...
Case Spotlight: Precision of Charges in A Show Cause Letter

Apr 15, 2025 | Employment Law

When drafting a show cause letter, the preciseness and the comprehensiveness of the allegations levelled against an employee is crucial.…...
Case Spotlight: Challenging an Industrial Court Award – Judicial Review or Appeal?

Apr 11, 2025 | Employment Law

Before 1.1.2021, representations for unfair dismissal were referred to the Industrial Court by the Minister of Human Resources (“HR Minister”).…...
Show Cause Letter: Is It A Ground for Constructive Dismissal?

Apr 03, 2025 | Employment Law

A show cause letter is a formal document issued by an employer requesting an employee to explain or justify conduct…...
Case Spotlight: Employees' Right to Festive Payments

Mar 21, 2025 | Employment Law

Chinese New Year is a time of renewal, gratitude and prosperity. Many companies use this occasion to show appreciation to…...
Case Spotlight: Reasonableness as a Contractual Obligation in Constructive Dismissal Claims

Mar 14, 2025 | Employment Law

The recent Court of Appeal decision in Saharunzaman bin Barun v Perodua Sales Sdn Bhd & Anor [2025] CLJU 3…...
Case Spotlight: Industrial Court Decisions on Sexual Harassment

Mar 12, 2025 | Employment Law

Under the Employment Act 1955, sexual harassment is defined as: Any “unwanted conduct of a sexual nature, whether verbal, non-verbal, visual,…...
Changing Reporting Lines: A Risk of Constructive Dismissal?

Feb 25, 2025 | Employment Law

In today’s fast-paced business environment, companies frequently undergo restructuring to improve efficiency and better align resources with their goals. As…...
Case Spotlight: Director, Shareholder and Employee?

Feb 21, 2025 | Employment Law

Sometimes, an individual can wear multiple hats in a company – such as being both a director and an employee,…...
Case Spotlight: Rushed Investigation and Dismissal

Feb 07, 2025 | Employment Law

In Ng Ying Yiing v Symphony Life Berhad [Award No. 1678 of 2024], an employee (who was also the Group…...
Enforceability of Training Bond Agreements

Feb 05, 2025 | Dispute Resolution, Employment Law

Training bond agreements are increasingly common, where employers invest in their employees’ training and development in exchange for the employee’s…...