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Case Spotlight: Challenging an Industrial Court Award – Judicial Review or Appeal?

Case Spotlight: Challenging an Industrial Court Award – Judicial Review or Appeal?

by DNH (BD) | Apr 11, 2025 | Employment Law

Before 1.1.2021, representations for unfair dismissal were referred to the Industrial Court by the Minister of Human Resources (“HR Minister”). Any party wishing to challenge an Industrial Court award had to do so via judicial review. With the Industrial Relations...
Show Cause Letter: Is It A Ground for Constructive Dismissal?

Show Cause Letter: Is It A Ground for Constructive Dismissal?

by DNH (BD) | Apr 3, 2025 | Employment Law

A show cause letter is a formal document issued by an employer requesting an employee to explain or justify conduct that may violate company policies or employment terms. It is typically part of an investigation process, giving the employee an opportunity to present...
Case Spotlight: Employees’ Right to Festive Payments

Case Spotlight: Employees’ Right to Festive Payments

by DNH (BD) | Mar 21, 2025 | Employment Law

Chinese New Year is a time of renewal, gratitude and prosperity. Many companies use this occasion to show appreciation to their employees through festive gestures such as giving red packets (ang pow). However, are employers obligated to give red packets (ang pow)...
Case Spotlight: Reasonableness as a Contractual Obligation in Constructive Dismissal Claims

Case Spotlight: Reasonableness as a Contractual Obligation in Constructive Dismissal Claims

by DNH (BD) | Mar 14, 2025 | Employment Law

The recent Court of Appeal decision in Saharunzaman bin Barun v Perodua Sales Sdn Bhd & Anor [2025] CLJU 3 reinforces that the test for constructive dismissal remains the “contract test” rather than the “reasonableness test.” However, when...
Case Spotlight: Industrial Court Decisions on Sexual Harassment

Case Spotlight: Industrial Court Decisions on Sexual Harassment

by DNH (BD) | Mar 12, 2025 | Employment Law

Under the Employment Act 1955, sexual harassment is defined as: Any “unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of...
Changing Reporting Lines: A Risk of Constructive Dismissal?

Changing Reporting Lines: A Risk of Constructive Dismissal?

by DNH (BD) | Feb 25, 2025 | Employment Law

In today’s fast-paced business environment, companies frequently undergo restructuring to improve efficiency and better align resources with their goals. As part of these changes, reporting lines may shift, which is often necessary for the company’s growth. However,...
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