by DNH (BD) | Oct 10, 2025 | Employment Law
Sleeping at work is a misconduct, but it may not always be the case that it warrants dismissal. A dismissal may be considered disproportionate if: the misconduct is not serious enough to fundamentally breach the employment contract, as opposed to more grave...
by DNH (BD) | Sep 22, 2025 | Employment Law
Employers occasionally face difficult situations when allegations of employee misconduct involve potential criminal offences, such as drug use, theft, or fraud. These situations often put employers in a dilemma: should they treat the matter purely as an internal...
by DNH (BD) | Sep 17, 2025 | Employment Law
Can an employer dismiss an employee without giving any reason, by relying on the notice clause? The Industrial Court has made it clear that such dismissal, often referred to as termination simpliciter, has no place in Malaysian employment law. Employers carry the...
by DNH (BD) | Sep 9, 2025 | Employment Law
Fixed-term employment contracts are widely used in Malaysia to engage employees for a defined duration. When structured properly, they can be an effective workforce management tool, especially in the context of re-employing retired employees. That said,...
by DNH (BD) | Aug 29, 2025 | Employment Law
Employers are entitled to suspend employees while conducting disciplinary investigations. During this process, the Company may clarify potential outcomes to the employee, including the possibility of termination. But does raising the possibility of termination (and...
by DNH (BD) | Aug 8, 2025 | Employment Law
In MNJ v Myburgerlab Sdn Bhd (Award 488 of 2025), the Industrial Court had to consider whether the Claimant was forced to resign or had done so voluntarily. In this case, the Claimant submitted two resignation letters on the same day (each citing different reasons),...
