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Force Majeure and Frustration of Employment Contracts

Force Majeure and Frustration of Employment Contracts

by Donovan & Ho (BD) | Sep 21, 2020 | Employment Law

  The COVID-19 pandemic has undoubtedly brought about disruptions and consequences that many were unprepared to deal with. In an employment law context, one of the issues that emerged from these uncertainties relates to contractual obligations – are parties still...
Case Spotlight: Proportionality of Punishment

Case Spotlight: Proportionality of Punishment

by Donovan & Ho (BD) | Sep 14, 2020 | Employment Law

  In order to dismiss an employee for misconduct, an employer must evaluate whether the misconduct committed was severe enough to warrant dismissal. In other words, the disciplinary action imposed by the employer must be proportionate to the offence. In the recent...
Highlights of the COVID-19 Bill

Highlights of the COVID-19 Bill

by Donovan & Ho (BD) | Aug 21, 2020 | Dispute Resolution, Employment Law

The long-awaited COVID-19 legislation (Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Bill 2020) was tabled for first reading in the Dewan Rakyat on 12 August 2020. The Bill seeks to provide temporary relief to those who may have had...
Unfair Dismissal Claims against Government Related Entities

Unfair Dismissal Claims against Government Related Entities

by Donovan & Ho (BD) | Aug 10, 2020 | Employment Law

Section 52 of the Industrial Relations Act 1967 (“Act”) does not allow unfair dismissal claims to be filed against any government or statutory authority.  Ambiguity may arise as to whether a particular entity is a “Government” entity or performing government service,...
Case Spotlight: Non-Physical Sexual Harassment

Case Spotlight: Non-Physical Sexual Harassment

by Donovan & Ho (BD) | Aug 3, 2020 | Employment Law

Is it sexual harassment to call your colleague “sayang” (“dear”)? What about showering someone with gifts and attention? These are some of the questions that the Industrial Court had to deal with in the recent case of Loganathan Maniam v Murphy Sarawak Oil Co Ltd...
Survey Results: Cost-Cutting Measures due to COVID-19

Survey Results: Cost-Cutting Measures due to COVID-19

by Donovan & Ho (BD) | Jul 17, 2020 | Employment Law

  On 18 March 2020, the Government of Malaysia imposed the Movement Control Order (“MCO”) which entailed a partial lockdown of the citizens and the temporary closure of businesses nationwide as the country took measures to prevent the spread of COVID-19. The MCO...
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