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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...
Can Not Having a Work Permit Get You Fired for Misconduct?

Can Not Having a Work Permit Get You Fired for Misconduct?

by DNH (BD) | Jun 11, 2025 | Employment Law

In Fernandez Melissa Joan v Tadika Celik Comel Sdn Bhd, the court had to decide whether an employee could be dismissed for not having a valid work permit – even though she tried to get one. Brief Facts Melissa, a Singaporean, was married to a Malaysian and...
LHDN Announces Exemption on Stamping Employment Contracts (6 June 2025)

LHDN Announces Exemption on Stamping Employment Contracts (6 June 2025)

by DNH (BD) | Jun 6, 2025 | Employment Law

On 6 June 2025, LHDN (Inland Revenue Board of Malaysia) issued a media release clarifying the stamp duty treatment for employment contracts, following increased enforcement activities under the Stamp Act 1949. Employers should take note of the latest exemptions and...
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