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  • Article

    [IP] Special Alert: Court Of Appeal Reaffirms Test For Breach Of Confidence

    Earlier this week, the Court of Appeal unanimously allowed the appeal and entered judgment against 3 respondents for breach of confidence. The Court of Appeal agreed that ownership of confidential information is not a relevant consideration.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    [TAX] Special Alert: Budget 2024 Sectoral Infographic

    Budget 2024 incorporates numerous significant tax measures and changes. Starting in March 2024, a capital gains tax will be implemented, and the service tax rate will also increase to 8%.
    MalaysiaTax
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • 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

    Data Protection: Malaysia's World Ranking

    Earlier this week, Comparitech, a British technology website, published its assessment of privacy protection and state surveillance in 47 countries to examine where governments are failing to protect privacy or are creating surveillance states.
    MalaysiaPrivacy
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    TRSB v KPHDN: High Court's Grounds Of Judgment

    The High Court has recently issued its grounds of judgment for TRSB v KPHDN.
    MalaysiaTax
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    [TAX] Special Alert: Anti-Dumping Duties Imposed On Licensed Warehouse Manufacturer Struck Down

    In the recent case of S Sdn Bhd v Director General of Customs & Anor, the High Court struck down anti-dumping duties imposed on an exporter who is a licensed manufacturing warehouse ("LMW")...
    MalaysiaTax
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Personal Data Protection Standards - 12 January 2016

    Our goal is to provide you with a working knowledge of the PDPA and tips on what organisations should do to comply.
    MalaysiaPrivacy
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Breach Of Fiduciary Duty: Non-Disclosure To Board Of Directors

    The employer-employee relationship is fiduciary in nature. This means that whenever an employer engages an employee, he trusts that the employee will faithfully discharge his service...
    MalaysiaCorporate/Commercial Law
    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

    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

    'Moral Conduct' In Determining Conclusion Of Contract?

    The notion of "moral conduct" was considered by the Court of Appeal in a case involving a seller abandoning the sale of a parcel of land.
    MalaysiaCorporate/Commercial Law
    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: 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

    [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

    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

    High Court Issues Grounds Of Judgment In KPHDN V C Bhd: Gains From Disposal Of Lands Through A Joint Venture Agreement Is Not Chargeable To Income Tax

    In our LHAG Insights of 19 August 2021 and 11 August 2022, we wrote about the decisions of the Special Commissioners of Income Tax (SCIT) and the High Court.
    MalaysiaTax
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • 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

    Personal Data Protection Standards - 28 January 2016

    Data users may make an application for the renewal of the certificate of registration no later than 90 days before the date of expiry of the certificate of registration.
    MalaysiaPrivacy
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    [EMPLOYMENT] Artificial Discrimination In The Workplace

    During the Parliament sitting on 16 October 2023, the Minister of Human Resources, V. Sivakumar, highlighted that as of 30 September 2023, only 8 cases of discrimination have been reported to the Labour Department.
    MalaysiaEmployment and HR
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • 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

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