by DNH (BD) | Aug 9, 2021 | Employment Law
How Do You Tell If Someone is an Employee? The Industrial Court in the recent case of Bu Yoon Lian v Meng Sin Corner (Award No. 1183 of 2021) reiterated the significance of the ‘control test’ or ‘contract of service test’ in determining whether an individual is an...
by DNH (BD) | Jul 26, 2021 | Employment Law
Many things are said to be at the discretion of an employer. It is common to see phrases like “the Company shall, at its absolute discretion, be entitled to….” in employment contracts or policies. If these words appear, does this mean that the Company has carte...
by DNH (BD) | Jul 13, 2021 | Employment Law
On 9 July 2021, the High Court ruled that a Grab (e-hailing) driver is not an employee. A Grab driver may not claim unfair dismissal if they are removed from the e-hailing platform. Brief Facts The Claimant was an e-hailing driver for Grab. The Claimant’s account with...
by DNH (BD) | Jul 6, 2021 | Employment Law
The Court of Appeal in Sanbos (Malaysia) Sdn Bhd v Gan Soon Huat [2021] MLJU 498 recently held that the Industrial Court still has jurisdiction to determine a complaint of unfair dismissal, even if the employee does not plead reinstatement or pursue it at the hearing....
by DNH (BD) | Jun 18, 2021 | Employment Law
In 2018, we wrote about an employee who had 14 unfair dismissal claims filed against his former employers. The employee’s litigious conduct inspired the Industrial Court to remind employers to carry out proper vetting of CVs “to save themselves time and money...
by DNH (BD) | Jun 15, 2021 | Employment Law
The COVID-19 outbreak has seen many businesses shuttered, as employers and employees continue to suffer the economic impact of the pandemic. In one of the first few decisions relating to closure of business arising from the COVID-19 outbreak, the Industrial Court in...
