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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,...
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...
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