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...
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...
by DNH (BD) | May 26, 2025 | Employment Law
Resignations are a routine part of workforce management. Yet, if not handled with care, they can lead to legal uncertainty and operational risks. In most cases, resignations are straightforward. But consider a situation where a problematic employee resigns and the...
by DNH (BD) | Apr 25, 2025 | Employment Law
In an unfair dismissal claim involving direct dismissal, the burden of proof is on the employer to establish that they had dismissed the employee with just cause and excuse. Having the right witness can therefore make a big difference on the outcome of a case. In the...
by DNH (BD) | Apr 15, 2025 | Employment Law
When drafting a show cause letter, the preciseness and the comprehensiveness of the allegations levelled against an employee is crucial. If there are any gaps in the charges, is the Industrial Court empowered to substitute the charge with its own interpretation? The...
by DNH (BD) | Apr 11, 2025 | Employment Law
Before 1.1.2021, representations for unfair dismissal were referred to the Industrial Court by the Minister of Human Resources (“HR Minister”). Any party wishing to challenge an Industrial Court award had to do so via judicial review. With the Industrial Relations...
