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Case Spotlight: Habitual Tardiness and Absenteeism – Employers Must Act

Case Spotlight: Habitual Tardiness and Absenteeism – Employers Must Act

by DNH (BD) | Feb 27, 2026 | Employment Law

Habitual lateness, absenteeism or consistently working fewer hours than required may seem minor at first glance.  However, what happens when such conduct becomes habitual or a pattern? It can disrupt the Company’s operations, undermine workplace discipline and...
Implementing a Voluntary Separation Scheme (VSS): Frequently Asked Questions for Employers

Implementing a Voluntary Separation Scheme (VSS): Frequently Asked Questions for Employers

by DNH (BD) | Feb 23, 2026 | Employment Law

Voluntary Separation Schemes (“VSS”) are commonly adopted by employers as part of workforce restructuring or cost-rationalisation exercises. It allows employees to voluntarily exit employment in exchange for an agreed separation package. These are some frequently...
Case Spotlight: Using Exit Interviews to Justify Dismissal

Case Spotlight: Using Exit Interviews to Justify Dismissal

by DNH (BD) | Feb 10, 2026 | Employment Law

In TLK v Platinum Phase Sdn Bhd [2025] ILJU 240, the Industrial Court looked closely at a common HR practice: the exit interview. When a team faces a high turnover rate, it is common for employers to look for the root cause and an exit interview may sometimes share...
Case Spotlight: Poor Performers Are Not Entitled to Termination Benefits

Case Spotlight: Poor Performers Are Not Entitled to Termination Benefits

by DNH (BD) | Feb 6, 2026 | Employment Law

Poor performance due to culpable incompetent and inefficiency are misconduct and can be cause for dismissal’ (Mohd Hilmi Alham v Bermaz Motor Trading Sdn Bhd [2020] ILRU 0393).‘Any conduct inconsistent with the faithful discharge of his duties or any breach of the...
Case Spotlight: Is a Domestic Inquiry Necessary When the Employee Admits to the Misconduct?

Case Spotlight: Is a Domestic Inquiry Necessary When the Employee Admits to the Misconduct?

by DNH (BD) | Jan 29, 2026 | Employment Law

It is not uncommon for the requirement of a “due inquiry” to be discussed alongside in the context of a “domestic inquiry”. While the two concepts are related, they are not interchangeable.  The High Court decision in Flash Malaysia Express Sdn Bhd v Muhammad Firdaus...
Overlapping Public Holidays for Federal Territory Day and Thaipusam (1 February 2026)

Overlapping Public Holidays for Federal Territory Day and Thaipusam (1 February 2026)

by DNH (BD) | Jan 16, 2026 | Employment Law

The Department of Labour Peninsular Malaysia (JTKSM) has released a statement announcing that 1 February 2026 (Sunday) is gazetted as a public holiday for both Thaipusam and Federal Territory Day. For private sector employers in the Federal Territories who observe...
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