by DNH (BD) | Aug 13, 2024 | Employment Law
In a constructive dismissal case, is the aggrieved employee bound by the reasons stated in his resignation letter, or can he raise new grounds of constructive dismissal at the Industrial Court? The answer to this question would have a far-reaching impact on how...
by DNH (BD) | Jul 29, 2024 | Employment Law
What happens when an Industrial Court Award is handed down but one party refuses to comply with it? In such a situation, the party who alleges the non-compliance of the award (“Party A”) has to go through a non-compliance proceeding before the award can be enforced....
by DNH (BD) | Jul 20, 2024 | Employment Law
In Muhamad Fawaid bin Daud v Airod Sdn Bhd [Award No. 836 of 2024], the Industrial Court considered whether: (a) an employee who had been on multiple fixed term contracts could be construed as a permanent employee; and (b) if so, whether the non-renewal of the fixed...
by DNH (BD) | Jun 21, 2024 | Employment Law
Case Spotlight: Mandatory Referral of Unfair Dismissal Claims to the Industrial Court Effective 1.1.2021, the Industrial Relations Act 1967 (IRA 1967) was amended to remove the Minister of Human Resources’ role to refer the representation of unfair dismissal to the...
by DNH (BD) | Jun 19, 2024 | Employment Law
Case Spotlight: What is a Genuine Redundancy? The concept of redundancy often presents complex challenges for both employers and employees. The Court of Appeal case of Au Lai Chan & Anor v Malaysian Mosaics Sdn Bhd & Anor and another appeal [2024] 1 MLJ 28...
by DNH (BD) | Jun 14, 2024 | Employment Law
Constructive dismissal occurs when an employee resigns due to the conduct of their employer, which leaves them with no reasonable choice but to quit. A recent case in the Federal Court, Tan Lay Peng v RHB Bank Berhad & Anor [2024] MLJU 840, reaffirms the legal...
