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  • 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

    Industrial Court Upholds Dismissals For Falsified Travel Claims

    The Industrial Court has recently affirmed the dismissals of two technicians who submitted falsified hotel receipts in support of outstation travel claims.
    MalaysiaEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
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

    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

    A Weapon At The Office

    A knuckleduster is a weapon designed to be worn around the knuckles, to be used in hand-to-hand combat.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • 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

    Is Dozing Off The Same As Sleeping?

    The claimant was employed as the Senior Boilerman.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    [EMPLOYMENT] The ‘Twin Towers' Of Trust And Confidence: When Friendship Becomes A Conflict Of Interest

    While it is entirely natural to form friendships with colleagues or personnel at the workplace, certain equations may amount to a conflict of interest at odds with company ethics and values.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Sorry, Out Of Time!: Leave Application For Judicial Review Was Dismissed Due To Inordinate Delay In Filing The Application & Ignorance Of The Law Is Not An Acceptable Reason

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

    Case Update: Industrial Court Cannot Toss Aside Workman's Claim Without Hearing Solely Because Absence Of Reinstatement Remedy

    Facts Norahayu Bt. Rahmad (the ‘1st Respondent') claimed that she had been appointed in 2018 by Ace Holdings Bhd. (the ‘Appellant') to be the Appellant's Vice President.
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    You Are Fired! What You Need To Know About Constructive Dismissal

    "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.
    MalaysiaEmployment and HR
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    "Hello? Is This Thing On?"

    Sara Lau discusses the use of surreptitious recordings in employment disputes.
    MalaysiaEmployment and HR
    SKRINE
    SKRINE
  • Article

    Employment - Whether Proven Misconduct By Employee Deserved Punishment Of Dismissal

    The appellant ("Mashkon") was formerly an employee of the respondent ("the Company").
    MalaysiaEmployment and HR
    Jayadeep Hari & Jamil
    Jayadeep Hari & Jamil
  • Article

    You Can't Touch This: Principle Of Restrictive Doctrine Of Sovereign Immunity In An Employment Dispute

    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 ...
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    The Voices Of The Exploited: Undocumented Migrant Workers' Right To File A Claim In Labour Court

    Recently, the Court of Appeal has affirmed the High Court's decision of Fice Fransina Nenobais v. Lee Hee Chooi[1] which ruled in favour of an undocumented migrant worker to file a claim for unpaid wages in the Labour Court.
    MalaysiaEmployment and HR
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Article

    To (DI) Or Not To (DI), That Is The Question

    During the DI, the Claimant admitted guilt in respect of the third charge and disputed the remaining charges.
    MalaysiaEmployment and HR
    SKRINE
    SKRINE
  • Article

    I Am Not Your Lawyer! But Hey, Tell Me Your Secret…

    Look, you are here as an employee investigated by the company.
    MalaysiaEmployment and HR
    Shearn Delamore & Co.
    Shearn Delamore & Co.
  • Article

    Unfair Dismissal: From Termination To Industrial Court Award

    Malaysian employment law requires employers to have "just cause and excuse" before terminating their employees.
    MalaysiaEmployment and HR
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Sexual Harassment In The Workplace

    Repeatedly calling a person "sayang" and flirting with colleagues are acts that are frowned upon in a professional work environment. However, do these acts actually amount to sexual harassment?
    MalaysiaEmployment and HR
    MahWengKwai & Associates
    MahWengKwai & Associates
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