by DNH (BD) | Jul 12, 2024 | Dispute Resolution
Case Spotlight: Consequences of Non-Payment of Arbitration Deposit In arbitration the common practice is for parties to share arbitration costs (eg: arbitrator’s fees, arbitration institute’s administrative fees) equally, until there is an award on liability. For...
by DNH (BD) | Jun 21, 2024 | Employment Law
Case Spotlight: Mandatory Referral of Unfair Dismissal Claims to the Industrial Court Effective 1.1.2021, the Industrial Relations Act 1967 (IRA 1967) was amended to remove the Minister of Human Resources’ role to refer the representation of unfair dismissal to the...
by DNH (BD) | Jun 19, 2024 | Employment Law
Case Spotlight: What is a Genuine Redundancy? The concept of redundancy often presents complex challenges for both employers and employees. The Court of Appeal case of Au Lai Chan & Anor v Malaysian Mosaics Sdn Bhd & Anor and another appeal [2024] 1 MLJ 28...
by DNH (BD) | Jun 14, 2024 | Employment Law
Constructive dismissal occurs when an employee resigns due to the conduct of their employer, which leaves them with no reasonable choice but to quit. A recent case in the Federal Court, Tan Lay Peng v RHB Bank Berhad & Anor [2024] MLJU 840, reaffirms the legal...
by DNH (BD) | Jun 12, 2024 | Employment Law
Recognised trade unions under the Industrial Relations Act 1967 ought to be given due regard by employers in workplace matters. However, it is not so straightforward when such trade unions are in the process of seeking recognition, or when trade unions who do not have...
