by DNH (BD) | Oct 14, 2022 | Employment Law
Case Spotlight: Abuse of Sick Leave? At what point can an employer credibly accuse an employee of abusing sick leave, especially if a medical certificate confirms the employee’s illness? In Jolene Lee Miao Chi v Iflix Sdn Bhd [2021] ILJU 23, an employee was dismissed...
by DNH (BD) | Sep 16, 2022 | Employment Law
Under section 33(3) of the Malaysian Arbitration Act 2005 (“Act”), an arbitral award must be in writing and “state the reasons upon which it is based”. What is a “reasoned award”? How much reasoning is required? If the reasons provided in the Arbitration Award are not...
by DNH (BD) | Aug 29, 2022 | Employment Law
Update: Employment Act Will Cover All Employees Effective 1 January 2023 (With Some Exceptions) The amendments to the First Schedule of the Employment Act 1955 (“EA”) were gazetted on 15 August 2022, which widens the scope of employees covered by the EA. Initially,...
by DNH (BD) | Aug 10, 2022 | Employment Law
Case Spotlight: Poaching Employees We often see scenarios where an ex-employee tries to persuade his former colleagues to resign and join them in a new company. Such conduct can be considered as “poaching”, or soliciting employees to leave their employer to join a...
by DNH (BD) | Jul 29, 2022 | Employment Law
Case Spotlight: Foreign Embassies Not Automatically Immune To Unfair Dismissal Claims Generally, a foreign sovereign or state cannot commit a legal wrong and is immune from civil suits or criminal prosecution. This protection is commonly known as “sovereign...
by DNH (BD) | Jul 22, 2022 | Employment Law
Anti-Sexual Harassment Bill passed by Dewan Rakyat The Second and Third Reading of the Anti-Sexual Harassment Bill 2021 took place on 19 July 2022, and was passed by the Dewan Rakyat on 20 July 2022. Since the First Reading on 15 December 2021, it has been debated how...
