Articles | Donovan & Ho, Advocates & Solicitors

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…...
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…...
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…...
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…...
Implementing an Anti-Sexual Harassment Policy

Jan 18, 2023 | Employment Law

As seen in our previous article, Employers’ Statutory Obligations Against Sexual Harassment, it is currently not mandatory for employers to…...
Guide to Malaysian Employment Law

Jan 01, 2023 | Employment Law

Incorporating legislation up to 1 January 2023, including the Employment (Amendment) Act 2022. The primary focus of this guide is…...
Trends in Pandemic Retrenchment Cases

Dec 28, 2022 | Employment Law

Some businesses are still facing the consequences of retrenching their workforce during the pandemic, as unfair dismissal claims can take…...
Case Spotlight: Trade Union's Freedom Of Expression Or Fireable Offence?

Dec 21, 2022 | Employment Law

Union members are afforded protection against reprisals from their employers due to their union membership. These protections are enshrined in…...
Can Employees Refuse Overtime?

Nov 24, 2022 | Employment Law

The Employment Act 1955 has been amended to make more employees eligible for overtime payments if they work beyond their…...
What is Quiet Firing?

Nov 11, 2022 | Employment Law

Whilst there is no legal definition of the phrase “quiet firing”, it refers to a situation where an employer makes…...
2022 Amendments to the Trade Unions Act 1959

Oct 28, 2022 | Employment Law

The Trade Unions (Amendment) Bill 2022 (“Bill”) passed at the Dewan Rakyat on 5 October 2022. At the time of…...