by DNH (BD) | Apr 9, 2024 | Dispute Resolution
The familiar saying, “turning a blind eye,” takes on new significance when it comes to the legal concept of willful blindness. Contrary to the notion that ignorance is bliss, the law holds that being unaware or uninvolved is not a defence when it comes to...
by DNH (BD) | Apr 5, 2024 | Employment Law
In the Industrial Court case of Shanthini Parmasivam v. Oakbridge International School [2023] 2 ILR 626, the prolonged absence of an employee due to illness and failure to promptly provide medical certificates (MCs) was held to warrant dismissal. This was...
by DNH (BD) | Mar 27, 2024 | Dispute Resolution
The “seat of arbitration” refers to the jurisdiction in which the arbitration takes place. It does not refer to a physical venue, but instead to the law that governs the arbitration’s procedure. In domestic arbitrations (ie: arbitrations that involve no international...
by DNH (BD) | Mar 26, 2024 | Employment Law
Employees who are contributors to the Social Security Organisation (“SOCSO”) scheme can make a claim if they have suffered a disability due to an “employment injury”. If an employee is injured offsite while they are travelling to or from work, does this amount to an...
by DNH (BD) | Mar 22, 2024 | Employment Law
What do courts generally consider when determining if someone is an independent contractor or an employee? Despite the labels and titles stated on the contract, courts have chosen to scrutinise the parties’ intentions by considering various factors to determine...
