Who says nobody reads law blogs?

The past twelve months has provided us with a lot of opportunities to write. Before we kickstart 2018, let’s take a look at the top 10 most viewed articles on our website in 2017:

10. Frequently Asked Questions on Domestic Inquiries in Malaysia
Not everyone knows how a domestic inquiry (“DI“) should be run. A haphazardly run DI can have legal repurcussions down the line if there is an unfair dismissal claim. Read this article for a brief 101 on domestic inquiries and how they should be managed.

9. What is constructive dismissal?
Seeing many employers and employees use the term “constructive dismissal” wrongly prompted us to write this article.  Here, we explain the basic concept of constructive dismissal and share the key elements necessary to establish a constructive dismissal claim.

8. Applicability of Non-Compete Clauses in Employment Contracts
Not all clauses in an employment contract are enforceable, even if the employee agrees to it. We wrote this article in 2015 but it still remains one of the top viewed articles in 2017.

7. Fixed Term Contracts in Malaysia
It’s not surprising to see this article in our Top 10 list, since there is a growing trend amongst employers to place employees on “fixed term” contracts instead of permanent employment contracts. However, as with all things related to Malaysian employment law, the words in a contract may not be the “be all and end all” of the matter.

6. Ordinary Shares and Preference Shares – How Do They Affect Shareholders Rights?
This article is popular because our corporate team regularly advises start-ups and companies on shareholder rights.  The concept of “shares” may sound tricky; but hopefully our article can provide some useful guidance.

5. Things You Should Know About Defamation
This article was written in 2015 at the height of the 1MDB drama where  Malaysian Prime Minister Datuk Seri Najib Razak contemplated legal proceedings against the Wall Street Journal for defamation; it remains a popular article today. We summarize the core elements of a defamation claim here.

4. Whatsapp Messages: Admissible in Court?
Even though this was written in the second half of 2017, it is already one of our most shared articles in 2017.  Whatsapp is so popularly used in Malaysia that this topic naturally sparked a huge interest amongst our readership base. In this article, we examine some recent court cases which dealt with the admissibilty of Whatsapp messsages – the findings may surprise you.

3. Frequently Asked Questions About Debt Recovery
Another “oldie but goldie” article; here we summarise some of the common questions we get asked about debt recovery litigation in Malaysia. If you are a business owner with many bad debts, this article may be worth a read.

2. Five Things You Should Know About Probationers
There are so many myths and misconceptions surrounding probationers and their rights. We wrote this article to clarify the “legal” status of probationers in a Malaysian employment law context.

1.Guide to Malaysian Employment Law
Our most viewed article of 2017 is a labour of love from our Employment law practice group – this article comprehensively sets out all you need to know (almost) about Malaysian employment law. We have received a lot of positive feedback from employers on this article, which explains why this is #1 on our list. Our employment law landscape is currently undergoing some reform (eg: with the implementation of the Employment Insurance Scheme and talks about possible amendments to the Employment Act 1955) and this article is current only as of the date of publication.

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