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Case Update – Unfair Dismissal Claims Against Wound-Up Employers

Case Update – Unfair Dismissal Claims Against Wound-Up Employers

by DNH (BD) | Nov 29, 2024 | Employment Law

We previously wrote about the High Court’s decision in Utusan Melayu (Malaysia) Bhd (Dalam Penggulungan Sukarela Pemiutang) v Menteri Sumber Manusia & Ors and other applications [2023] 1 CLJ 804.  There, the High Court held that employees are required to obtain...
Removal Of Directors In A Private Company And Pitfalls To Avoid

Removal Of Directors In A Private Company And Pitfalls To Avoid

by DNH (BD) | Nov 25, 2024 | Corporate and Commercial

What does the Companies Act 2016 provide regarding the removal of a director? For companies in Malaysia, the removal of a director is governed by the Companies Act 2016. In particular, Section 206(1) reads: “A director may be removed before the expiration of the...
Case Spotlight: Judicial Review Not Mandatory to Challenge Industrial Court’s Jurisdiction

Case Spotlight: Judicial Review Not Mandatory to Challenge Industrial Court’s Jurisdiction

by DNH (BD) | Nov 22, 2024 | Employment Law

Once a trade dispute is referred to the Industrial Court, the Court is generally considered to have the necessary jurisdiction to hear and resolve the issue. But what if a party wants to challenge the Court’s jurisdiction? Should this challenge be brought...
High Court Upholds MyCC Decision on Price Fixing Arrangements: Key Implications for Competition Compliance

High Court Upholds MyCC Decision on Price Fixing Arrangements: Key Implications for Competition Compliance

by DNH (BD) | Nov 18, 2024 | Corporate Newsletter

This update is relevant to SMEs and the larger, more established businesses operating in Malaysia, as it reinforces the legal framework surrounding competition law and the importance of compliance. On September 11, 2024, the Shah Alam High Court dismissed a judicial...
Case Spotlight: Limitation Period When Arbitration is Commenced after Litigation

Case Spotlight: Limitation Period When Arbitration is Commenced after Litigation

by DNH (BD) | Nov 15, 2024 | Dispute Resolution

Resolving a dispute in arbitration is by consent of parties, and this consent is reflected in an arbitration agreement embedded in the main contract between them.  As such, if one party decides to ignore the arbitration agreement and instead commence an action in the...
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