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...
by Donovan & Ho | Nov 2, 2016 | Employment Law
Most employees do not expect to get fired. While Malaysian law does prevent employees from being fired without a good reason, this does not mean that employees are infallible. We’ve set out below the 3 main things that can be legitimately used to terminate an...
by Donovan & Ho | Sep 9, 2016 | Employment Law
Donovan shares his views on privacy in the workplace with Focus Week in their September 10 – 16 edition. He also talks about whether companies should use social media screening on potential hires: “Many companies now conduct social media checks when...
