by Donovan & Ho | Jan 24, 2017 | Employment Law
In line with the growing recognition of the need to re-evaluate existing gender roles (more specifically to increase women’s participation in the workforce), the law has hearkened to the calls for equality and laid down some rights designed to minimize the asymmetry...
by Donovan & Ho | Jan 11, 2017 | Corporate and Commercial, Employment Law
In this article, we will be looking at the issue of intellectual property (“IP”) created by employees, and how your business can retain ownership over such IP. Any references to IP in the article would cover only patents and copyrights. The current knowledge economy...
by Donovan & Ho | Jan 6, 2017 | Employment Law
The High Court’s recent decision in Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor [2016] MLRHU 1 (17 October 2016) clarifies the remedies available to a probationer who is on a fixed term employment contract, in an unfair dismissal claim. Briefly,...
by Donovan & Ho | Jan 2, 2017 | Employment Law
In Malaysia, the term “constructive dismissal” refers to an act of an employee in terminating his employment due to a breach of contract committed by the employer. The breach committed must have been so severe that it had altered the essential terms of an...
by Donovan & Ho | Dec 13, 2016 | Employment Law
Latest reports show that 31,476 Malaysian employees were retrenched (or laid off) between January and September this year. Retrenchments are often (but not necessarily) the result of economic downturns and are commonly understood as being part of a company’s business...
by Donovan & Ho | Nov 24, 2016 | Employment Law
Our previous article about pregnancy discrimination mentioned the case of Noorfadilla binti Ahmad Saikin v Chayed bin Basirun and Ors [2012] 1 CLJ 769 where the High Court found that the termination of a government teacher for being pregnant was unlawful as it was a...