In Malaysia, employers may dismiss employees on various grounds, such as misconduct, poor performance, or redundancy. Employees may also find themselves (i) constructively dismissed when a fundamental...

In Malaysia, employers may dismiss employees on various grounds, such as misconduct, poor performance, or redundancy. Employees may also find themselves (i) constructively dismissed...

Unfair dismissal remains one of the most common employment disputes in Malaysia. Under the Industrial Relations Act 1967 (IRA), employees who believe they have been dismissed...

Under Malaysian law, where an employee is subject to the Employment Act 1955 ("Act"), it is a statutory obligation imposed on the employer to conduct a "due inquiry" to ascertain whether an employee is guilty of misconduct before an employee can be dismissed or before any other major penalty is imposed (See: Section 14(1) of the Act).

In cases of forced resignation and constructive dismissal, the facts of an employees' dismissal are in dispute. In view of this, the burden is on the employee to prove on a balance...

In the fast-paced world of IT, Service Level Agreements ("SLA") play a crucial role in fostering successful partnerships between customers and IT vendors. Think of SLAs as a roadmap that provides...

Teoh Alvare together with Loh Qiao Wen from Zul Rafique & Partners' Employment and Industrial Relations Practice Group successfully represented Pertubuhan Peladang Kebangsaan...

In the complex realm of employment law, unfair dismissal claims can be a challenging battleground for both employers and employees.

The oil & gas industry primarily operates around the clock with no downtime. Hence, employees are expected to be on top of their work 24/7. In the reality of general workplace dynamics...

"You're fired!" is an exclamation popularly associated to a situation whereby an employer informs his or her employee of the employee's dismissal or termination from the company.

Quek Jian Long provides a commentary on a recent decision by the Court of Appeal on 15 July 2021 in Thomas Jothinayagam Harris v The Perak Chinese Maternity Association & Anor.

The Industrial Relations (Amendment) Act 2020 ("IRA 2020") made some crucial amendments to the to the Industrial Relations Act 1967 ("the Act") and the main amendments with...

It is common practice for employers to hire employees under fixed term contracts in Malaysia. A fixed term employment contract is a contract for a specific period of time only.

Recently, the High Court of Penang has resolved the confusion on the correct mode to challenge an Industrial Court Award in the High Court

The appellant ("Mashkon") was formerly an employee of the respondent ("the Company").

In The United States of America v Subramaniam a/l Letchimanan, the Malaysian Federal Court discussed the doctrine of sovereign immunity and whether the forum to decide the applicability of the doctrine in the context of an employee's claim ...

The primary remedies available in a claim for unlawful dismissal at the Industrial Court are reinstatement or compensation in lieu of reinstatement and backwages.

On 17 November 2023, it was announced that OpenAI's board had made the decision to remove Sam Altman as CEO. The board said that Altman "was not consistently candid in his communications" ...

It is settled law that a company has the right to organise and reorganise its business in the manner it considers best for better business management and efficacy

Termination of an employee is a sensitive and critical aspect of the employer-employee relationship. It requires careful consideration and adherence to legal and ethical principles.