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Case Spotlight: Simultaneous Labour Court and Industrial Court Claims

Case Spotlight: Simultaneous Labour Court and Industrial Court Claims

by DNH (BD) | Mar 3, 2026 | Employment Law

There may be overlapping employment disputes that appear to fall within the jurisdiction of both the Labour Office (colloquially known as the Labour Court) and the Industrial Court. For instance, if an employee is owed unpaid wages and has also been unfairly...
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...
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