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Case Spotlight: Serial Claimant Ordered by the Industrial Court to Pay Costs

Case Spotlight: Serial Claimant Ordered by the Industrial Court to Pay Costs

by DNH (BD) | Jun 4, 2024 | Employment Law

In CSY v Lepcon Tools (M) Sdn Bhd (Award No. 1 of 2024) the Industrial Court took a stern stance against an employee who failed to respect the Industrial Court’s system by ordering her to pay costs to her employer after her unfair dismissal claim was rejected. The...
Case Spotlight: Immunity of Trade Unions Before the Industrial Court

Case Spotlight: Immunity of Trade Unions Before the Industrial Court

by DNH (BD) | May 31, 2024 | Employment Law

While trade unions are entitled to lodge trade disputes complaints, are employers always on the defensive? After all, there may be instances where employers are legitimately aggrieved by the actions of the trade union.   In the employers’ arsenal of rights, section...
Exceptional GST Input Tax Claim – An Assessment of Decisions Post-Nobuyasu

Exceptional GST Input Tax Claim – An Assessment of Decisions Post-Nobuyasu

by DNH (BD) | May 30, 2024 | Tax

The Goods and Services Tax (GST) was a form of value-added tax in Malaysia. Under the GST regime, businesses could claim back the GST paid for business expenses through an input tax credit mechanism.  Regulation 46(1) of the GST Regulations allows businesses to claim...
Case Spotlight: Enforcing Confidentiality Obligations in Employment

Case Spotlight: Enforcing Confidentiality Obligations in Employment

by DNH (BD) | May 27, 2024 | Employment Law

Enforcing post-termination confidentiality obligations is often easier said than done. Former employers can often face difficulties in obtaining the evidence to substantiate their complaints. To enforce such obligations, the former employer must show evidence of such...
Case Spotlight: Merits of Arbitration Claim an Important Factor in Security for Costs

Case Spotlight: Merits of Arbitration Claim an Important Factor in Security for Costs

by DNH (BD) | May 24, 2024 | Dispute Resolution

Under Section 11 of the Arbitration Act 2005, parties in arbitration may apply to the High Court for interim measures, including security for costs. In the case of Perbadanan Pengurusan City Plaza v Sigma Elevator (M) Sdn Bhd [2023] MLJU 3091, the Court of Appeal...
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