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Case Spotlight: Post-Retirement Fixed Term Contract

Case Spotlight: Post-Retirement Fixed Term Contract

by DNH (BD) | Sep 9, 2025 | Employment Law

Fixed-term employment contracts are widely used in Malaysia to engage employees for a defined duration. When structured properly, they can be an effective workforce management tool, especially in the context of re-employing retired employees. That said,...
Case Spotlight: Is Mentioning Dismissal a Form of Pressure to Resign?

Case Spotlight: Is Mentioning Dismissal a Form of Pressure to Resign?

by DNH (BD) | Aug 29, 2025 | Employment Law

Employers are entitled to suspend employees while conducting disciplinary investigations. During this process, the Company may clarify potential outcomes to the employee, including the possibility of termination. But does raising the possibility of termination (and...
Case Spotlight: Retracting a Resignation and Claiming It Was Forced

Case Spotlight: Retracting a Resignation and Claiming It Was Forced

by DNH (BD) | Aug 8, 2025 | Employment Law

In MNJ v Myburgerlab Sdn Bhd (Award 488 of 2025),  the Industrial Court had to consider whether the Claimant was forced to resign or had done so voluntarily.  In this case, the Claimant submitted two resignation letters on the same day (each citing different reasons),...
Case Spotlight: Union’s Locus Standi in Collective Bargaining

Case Spotlight: Union’s Locus Standi in Collective Bargaining

by DNH (BD) | Jul 18, 2025 | Employment Law

When a union no longer has any members in a particular establishment, does it retain the legal standing to continue collective bargaining on behalf of employees?  The Industrial Court addressed this in Maswings Sdn Bhd v Airlines Workers’ Union Sarawak (Award No....
Case Law Spotlight – Overlooked Approvals in Share Disposals: A Costly Mistake in Regulated Sectors

Case Law Spotlight – Overlooked Approvals in Share Disposals: A Costly Mistake in Regulated Sectors

by DNH (BD) | Jul 15, 2025 | Corporate and Commercial

A recent Federal Court decision in Detik Ria Sdn Bhd v Prudential Corporation Holdings Limited & Anor [2025] MLJU 575 has underscored a crucial yet often overlooked aspect of share disposals: the need to verify and obtain prior regulatory approvals where required....
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