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  • Video

    Video: Unfair Dismissal In Malaysia

    As part of our continuing campaign to share our knowledge on legal matters, we have prepared another video in our 2 minute video series to cover basic information about unfair dismissal in Malaysia.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Falsifying Subordinate's Attendance Record Card

    The claimant commenced employment with the company in 1992 as Assistant Manager (Trainee) and last held a senior position of trust as Restaurant Manager at the company's KFC outlet in l-City, Shah Alam.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Case Update: Employee That Enters Into Negotiations For Severance And Agrees To The Terms Cannot Then Claim For Wrongful Dismissal

    Facts Felix Lee (the ‘Respondent') was employed as the Chief Executive Officer (‘CEO') of Matrix Global Education Sdn Bhd (the ‘Appellant').
    MalaysiaLitigation, Mediation & Arbitration
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Potential Repercussions Arising From Termination Of An Employee

    Malaysia does not recognize the concept of "termination simpliciter" (i.e. termination by contractual notice and for no reason). Accordingly, the termination of employees
    MalaysiaEmployment and HR
    Hsian & Co.
    Hsian & Co.
  • Article

    The Right To Ang Pow

    Agnes Ann was a secretary at one of the top advertising agencies in Kuala Lumpur. One day in late February, she walked out of her job.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Avoidance Of Conflict Of Interest: An Inflexible Rule

    It is well established in a plethora of Industrial Court authorities that an employee must avoid any conflict of interests or even potential conflict of interests with his or her employer.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    [EMPLOYMENT] Reiterating The High Standards In The Banking Industry: Dismissal Of Senior Management Upheld For Breach Of Financing Policy

    It is settled law that the banking industry belongs to a special kind of business and services rendered to the public.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    [EMPLOYMENT] Special Alert: Expectation For Managers To Understand Job Requirements

    The employee was hired as the Regional Sales Manager. He was tasked with leading a team of sales executives. His initial 6-month probationary period was extended due to performance issues.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Settlement Discussions Are Inadmissible In Judicial Review

    The High Court held that settlement offers (and their rejections) are inadmissible as evidence, if those settlement discussions took place while conciliation proceedings were still ongoing.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Threat Of Disciplinary Action Is Not Coercion

    Resignation in the face of threatened disciplinary action will not constitute a forced or involuntary resignation.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    When Does Time Run Out?

    When an employee has been dismissed, internal company procedures allowing an avenue for further appeal will not affect the statutory timeframe for filing representations of unfair dismissal, the High Court held on 29 October 2019.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Case Spotlight – Pandemic Not An Excuse To Avoid Work

    In the wake of the global pandemic, workplaces faced unprecedented disruptions. One such challenge was managing emergency leave due to the pandemic due to lockdowns, restrictions in movements, and the rise of remote working.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    [EMPLOYMENT] Special Alert: Redundancy Can Arise Even When The Job Still Exists!

    The Claimant was heading a division of the Sales Department and was dismissed on the grounds of redundancy. This arose following a restructuring exercise to: (a) optimise and flatten...
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Starting A New Job = Abandoning Employment?

    What are the implications when an employee embarks on a new job with a different employer without formally resigning from their existing position?
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Case Spotlight – Rejection Of Reinstatement

    In unfair dismissal claims, the primary remedy is reinstatement. While it is generally rare for an employer to offer reinstatement to a recently dismissed employee, there are still some reported instances where employers do make such offers.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    [EMPLOYMENT] Special Alert: Seeking Reinstatement To Employment Through Judicial Review

    The former employee ("former employee") filed an application for leave to apply for judicial review against his former employer, Petroliam Nasional Berhad ("Petronas").
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Unfair Dismissal Claims Against Wound-Up Employers

    What happens if an employer is wound-up before an unfair dismissal claim against it can be completed?
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Case Update: Employees Cannot Pursue Claims For Damages For Wrongful Dismissal Via The Civil Courts

    Facts Ashvine A/P Hari Krishnan (the ‘Respondent') was employed by 7-Eleven Malaysia Sdn Bhd (the ‘Appellant') as its Senior Manager of Human Resources in 2019.
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    Are You An Employee Or An Independent Contractor?

    In recent years, employers have attempted to stray away from the usual employer-employee relationship by hiring a person as an ‘independent contractor' via a "contract for service".
    MalaysiaEmployment and HR
    Kevin Wu & Associates
    Kevin Wu & Associates
  • Article

    Dismissing Employees In Malaysia

    The COVID-19 pandemic has caused mass redundancies, retrenchment, and dismissals of employees across all sectors of employment locally as well as internationally with the closure and...
    MalaysiaEmployment and HR
    Azmi & Associates
    Azmi & Associates

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