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Show Cause Letter: Is It A Ground for Constructive Dismissal?

Show Cause Letter: Is It A Ground for Constructive Dismissal?

by DNH (BD) | Apr 3, 2025 | Employment Law

A show cause letter is a formal document issued by an employer requesting an employee to explain or justify conduct that may violate company policies or employment terms. It is typically part of an investigation process, giving the employee an opportunity to present...
Case Spotlight: Employees’ Right to Festive Payments

Case Spotlight: Employees’ Right to Festive Payments

by DNH (BD) | Mar 21, 2025 | Employment Law

Chinese New Year is a time of renewal, gratitude and prosperity. Many companies use this occasion to show appreciation to their employees through festive gestures such as giving red packets (ang pow). However, are employers obligated to give red packets (ang pow)...
Case Spotlight: Reasonableness as a Contractual Obligation in Constructive Dismissal Claims

Case Spotlight: Reasonableness as a Contractual Obligation in Constructive Dismissal Claims

by DNH (BD) | Mar 14, 2025 | Employment Law

The recent Court of Appeal decision in Saharunzaman bin Barun v Perodua Sales Sdn Bhd & Anor [2025] CLJU 3 reinforces that the test for constructive dismissal remains the “contract test” rather than the “reasonableness test.” However, when...
Case Spotlight: Industrial Court Decisions on Sexual Harassment

Case Spotlight: Industrial Court Decisions on Sexual Harassment

by DNH (BD) | Mar 12, 2025 | Employment Law

Under the Employment Act 1955, sexual harassment is defined as: Any “unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of...
Changing Reporting Lines: A Risk of Constructive Dismissal?

Changing Reporting Lines: A Risk of Constructive Dismissal?

by DNH (BD) | Feb 25, 2025 | Employment Law

In today’s fast-paced business environment, companies frequently undergo restructuring to improve efficiency and better align resources with their goals. As part of these changes, reporting lines may shift, which is often necessary for the company’s growth. However,...
Case Spotlight:  Director, Shareholder and Employee?

Case Spotlight: Director, Shareholder and Employee?

by DNH (BD) | Feb 21, 2025 | Employment Law

Sometimes, an individual can wear multiple hats in a company – such as being both a director and an employee, as we previously wrote here.  Similarly, a shareholder can also be an employee and/or a director.  Each hat has different obligations, responsibilities and...
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