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How do the new Employment Act amendments affect you?

How do the new Employment Act amendments affect you?

by DNH (BD) | Mar 24, 2022 | Employment Law

Note: This article is current as of the date of publication and may not take into account changes or developments that occur after this date. On 21 March 2022, the Employment (Amendment) Bill 2021 (“Bill”) was passed by Dewan Rakyat after second reading. The...
Psychologically Unsafe Working Environments: Grounds for Constructive Dismissal?

Psychologically Unsafe Working Environments: Grounds for Constructive Dismissal?

by DNH (BD) | Mar 16, 2022 | Employment Law

An employer has an obligation and a statutory duty to provide a safe working environment to all of its employees. This duty is deeply rooted in an employer-employee relationship and it forms part of an implied contractual obligation whether or not its specifically...
Additional things discovered after dismissal: Is it relevant to determine just cause & excuse?

Additional things discovered after dismissal: Is it relevant to determine just cause & excuse?

by DNH (BD) | Mar 9, 2022 | Employment Law

The Federal Court in Maritime Intelligence Sdn Bhd v. Tan Ah Gek [2021] 10 CLJ 663 determined that the Industrial Court should not enquire into reasons raised or discovered by the employer after dismissal in order to determine whether the dismissal is fair. Brief...
Case Spotlight: Signing an Employment Contract after an Offer Letter

Case Spotlight: Signing an Employment Contract after an Offer Letter

by DNH (BD) | Mar 1, 2022 | Employment Law

A candidate can receive an offer for employment in different ways. Some employers will provide an “offer letter” which sets out the basic terms, followed by an employment contract with more detailed terms. For some, there is no separate “offer letter” and the...
Case Spotlight: Dismissal due to Pandemic was “done hastily”

Case Spotlight: Dismissal due to Pandemic was “done hastily”

by DNH (BD) | Feb 18, 2022 | Employment Law

As it has been over 2 years since the pandemic began, we are now seeing more decisions from the Industrial Court about employees who were dismissed due to the COVID-19 situation. In Choong Wai Kit v Tropicana Shared Services Sdn Bhd [Award No. 244 of 2022, 14 February...
Case Spotlight: Transport Industry – Court rejects Union’s claim for Fixed Bonus & Increased Allowance

Case Spotlight: Transport Industry – Court rejects Union’s claim for Fixed Bonus & Increased Allowance

by DNH (BD) | Jan 24, 2022 | Employment Law

When there is a deadlock in the collective bargaining process, the dispute may be referred to the Industrial Court for determination. Recently, in Kesatuan Pekerja-Pekerja Plusliner Sdn Bhd v Plusliner Sdn Bhd [Award No 1216 of 2021, 21 August 2021], the Industrial...
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