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Case Spotlight: Is Mentioning Dismissal a Form of Pressure to Resign?

Case Spotlight: Is Mentioning Dismissal a Form of Pressure to Resign?

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...
Case Spotlight: Retracting a Resignation and Claiming It Was Forced

Case Spotlight: Retracting a Resignation and Claiming It Was Forced

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),...
Case Spotlight: Union’s Locus Standi in Collective Bargaining

Case Spotlight: Union’s Locus Standi in Collective Bargaining

by DNH (BD) | Jul 18, 2025 | Employment Law

When a union no longer has any members in a particular establishment, does it retain the legal standing to continue collective bargaining on behalf of employees?  The Industrial Court addressed this in Maswings Sdn Bhd v Airlines Workers’ Union Sarawak (Award No....
Case Spotlight: When “Mutual” in a MSA isn’t Mutual

Case Spotlight: When “Mutual” in a MSA isn’t Mutual

by DNH (BD) | Jul 9, 2025 | Employment Law

Mutual Separation Agreements (MSAs) are widely used to bring employment relationships to a close on amicable terms. When done properly, an MSA can help employers avoid protracted litigation and offer employees a dignified exit.  However, any missteps can instantly...
Case Spotlight: Defiance in the Workplace – When Refusal Becomes Insubordination

Case Spotlight: Defiance in the Workplace – When Refusal Becomes Insubordination

by DNH (BD) | Jul 1, 2025 | Employment Law

What happens when an employee repeatedly refuses to follow the company’s instructions, despite being given multiple chances and alternatives? In the workplace, such defiance is known as insubordination which could be viewed as a serious misconduct that warrants...
Case Spotlight: Productivity Allowance is Part of Wages

Case Spotlight: Productivity Allowance is Part of Wages

by DNH (BD) | Jun 24, 2025 | Employment Law

“Productivity allowance” is a payment typically used to incentivize employees for their availability, readiness, or contribution to business output beyond their basic job scope. In industries like aviation, such allowances are often tied to operational readiness and...
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