by DNH (BD) | Jul 20, 2023 | Employment Law
A Performance Improvement Plan (“PIP”) is commonly implemented on under-performing employees to get them to improve their performance. While PIPs are not mandatory by law, if an employer opts to use a PIP, it must be a genuine attempt to fix performance issues, with...
by DNH (BD) | Jun 30, 2023 | Employment Law
Only employees can file a complaint of unfair dismissal under the Industrial Relations Act 1967 (“IRA 1967”). A question arises as to whether a director or shareholder who “works” for a company can also enjoy such rights. There have been occasions where the courts...
by DNH (BD) | Jun 28, 2023 | Employment Law
In unfair dismissal claims, employees may sometimes seek additional remedies such as punitive damages or other perceived employment entitlements. This raises the question of how far the court can entertain such claims. Employers, on the other hand, would naturally...
by DNH (BD) | Jun 27, 2023 | Employment Law
Section 69 of the Employment Act 1955 (“EA”) empowers the Director General of Labour to investigate and decide on payment disputes, with the proceedings commonly called “Labour Court” inquiries. These inquiries pertain to matters relating to payment of...
by DNH (BD) | Jun 15, 2023 | Dispute Resolution
Litigation can be time-consuming and costly, which is why it should only be used for legitimate purposes. However, some parties misuse the court’s litigation process for their own ends. This led to the establishment of the tort of collateral abuse. In Malaysia,...
