by DNH (BD) | Oct 16, 2026 | Employment Law
Can an employer lawfully dismiss an employee who failed to disclose a past criminal conviction during the recruitment process? In DKM v Joe Green Precast Sdn. Bhd. [Award No. 1619 of 2026], the Industrial Court examined whether concealing a criminal conviction for...
by DNH (BD) | Oct 6, 2026 | Employment Law
Can an employee continue working under a salary deferment arrangement for a year and subsequently claim constructive dismissal over unpaid wages? In Chang Hi Tiang v Rentwise Sdn Bhd [Award No. 1578 of 2026], the Industrial Court examined whether an employee’s...
by DNH (BD) | Sep 9, 2026 | Employment Law
We previously wrote about the Court of Appeal’s decision in Woon Kim Choy v. Acexide Technology Sdn Bhd & Anor and Another Appeal [2025] 2 CLJ 57, holding that a director removed from the Board is not automatically dismissed as an employee, and that the two...
by DNH (BD) | Sep 3, 2026 | Employment Law
Can an employer unilaterally transfer an employee to a different company or significantly increase their working hours without consent? This issue was explored in Rajan a/l K.M. Daniel v Magnum 4D Berhad [Award No. 1136 of 2026], where the court examined whether...
by DNH (BD) | Aug 21, 2026 | Employment Law
In the case of Nagendrani a/p Ravichandran v Appsmiths Sdn Bhd [Award No. 1046 of 2026], the Industrial Court examined whether a company could lawfully terminate a probationer for poor performance without providing concrete evidence of a formal appraisal process. The...
by DNH (BD) | Aug 17, 2026 | Employment Law
Sick leave is a well-established statutory right, subject to a valid Medical Certificate (MC). However, an employee may sometimes produce a backdated medical certificate (i.e.: a medical certificate which covers a retrospective period). Are such backdated certificates...
