by DNH (BD) | Jul 29, 2024 | Employment Law
What happens when an Industrial Court Award is handed down but one party refuses to comply with it? In such a situation, the party who alleges the non-compliance of the award (“Party A”) has to go through a non-compliance proceeding before the award can be enforced....
by DNH (BD) | Jul 26, 2024 | Dispute Resolution
The Arbitration (Amendment) Bill 2024 (“Bill”) was passed by the Dewan Rakyat on 16 July 2024, and passed by the Dewan Negara on 24 July 2024. There are a few key changes to the Arbitration Act 2005 proposed under the Bill that aims to elevate the arbitration scene...
by DNH (BD) | Jul 20, 2024 | Employment Law
In Muhamad Fawaid bin Daud v Airod Sdn Bhd [Award No. 836 of 2024], the Industrial Court considered whether: (a) an employee who had been on multiple fixed term contracts could be construed as a permanent employee; and (b) if so, whether the non-renewal of the fixed...
by DNH (BD) | Jul 12, 2024 | Dispute Resolution
Case Spotlight: Consequences of Non-Payment of Arbitration Deposit In arbitration the common practice is for parties to share arbitration costs (eg: arbitrator’s fees, arbitration institute’s administrative fees) equally, until there is an award on liability. For...
by DNH (BD) | Jun 21, 2024 | Employment Law
Case Spotlight: Mandatory Referral of Unfair Dismissal Claims to the Industrial Court Effective 1.1.2021, the Industrial Relations Act 1967 (IRA 1967) was amended to remove the Minister of Human Resources’ role to refer the representation of unfair dismissal to the...
