by DNH (BD) | 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 had dismissed the employee with just cause and excuse. Having the right witness can therefore make a big difference on the outcome of a case. In the...
by DNH (BD) | 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. If there are any gaps in the charges, is the Industrial Court empowered to substitute the charge with its own interpretation? The...
by DNH (BD) | 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”). Any party wishing to challenge an Industrial Court award had to do so via judicial review. With the Industrial Relations...
by DNH (BD) | Apr 9, 2025 | Corporate and Commercial
The Federal Court of Malaysia in Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem [2025] 3 MLRA recently delivered a landmark judgment considering whether fixed or ad valorem stamp duty is payable under the Stamp Act 1949 (“Act”) on an Asset Purchase Agreement...
by DNH (BD) | Apr 3, 2025 | Employment Law
A show cause letter is a formal document issued by an employer requesting an employee to explain or justify conduct that may violate company policies or employment terms. It is typically part of an investigation process, giving the employee an opportunity to present...
