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Case Spotlight:  Director, Shareholder and Employee?

Case Spotlight: Director, Shareholder and Employee?

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

Sometimes, an individual can wear multiple hats in a company – such as being both a director and an employee, as we previously wrote here.  Similarly, a shareholder can also be an employee and/or a director.  Each hat has different obligations, responsibilities and...
Case Spotlight: Rushed Investigation and Dismissal

Case Spotlight: Rushed Investigation and Dismissal

by DNH (BD) | Feb 7, 2025 | Employment Law

In Ng Ying Yiing v Symphony Life Berhad [Award No. 1678 of 2024], an employee (who was also the Group Chief Financial Officer) was hastily terminated on purported grounds of misconduct. This case highlights the pitfalls to avoid, especially when dealing with a...
Enforceability of Training Bond Agreements

Enforceability of Training Bond Agreements

by DNH (BD) | Feb 5, 2025 | Dispute Resolution, Employment Law

Training bond agreements are increasingly common, where employers invest in their employees’ training and development in exchange for the employee’s agreement to stay on with the employer for a certain period. Employers may seek to recoup their investment if the...
Case Spotlight: Trade Union’s Freedom of Expression

Case Spotlight: Trade Union’s Freedom of Expression

by DNH (BD) | Jan 22, 2025 | Employment Law

Union members conducting legitimate trade union activities are protected from the reprisals of employers, as confirmed by the Federal Court in Ismail Nasaruddin Abdul Wahab v Malaysian Airline System Bhd [2022] 9 CLJ 801. Are there any boundaries to this freedom of...
Amendments to the Occupational Safety and Health Act 1994

Amendments to the Occupational Safety and Health Act 1994

by DNH (BD) | Jan 15, 2025 | Employment Law

The Occupational Safety and Health Amendment Act 2022 came into force on 1 June 2024 and has brought about substantial changes to the Occupational Safety and Health Act 1994 (“OSHA”). The amendments expanded the scope of OSHA, strengthened enforcement mechanisms and...
Case Spotlight: Remuneration of Independent Non-Executive Director Not Subject to Employment Income Tax

Case Spotlight: Remuneration of Independent Non-Executive Director Not Subject to Employment Income Tax

by DNH (BD) | Jan 10, 2025 | Employment Law

Gains or profits made from employment are subject to income tax payments under section 4(b) of the Income Tax Act 1967 (“ITA 1967”).  However, does this requirement also apply to remuneration of independent non-executive directors?   Recently, the High Court had to...
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