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Understanding the Reliefs and Remedies in an Unfair Dismissal Claim

Understanding the Reliefs and Remedies in an Unfair Dismissal Claim

by DNH (BD) | Jun 28, 2023 | Employment Law

In unfair dismissal claims, employees may sometimes seek additional remedies such as punitive damages or other perceived employment entitlements. This raises the question of how far the court can entertain such claims. Employers, on the other hand, would naturally...
Case Spotlight – Can the Labour Court Ignore an Employee’s Decision to Withdraw their Claim?

Case Spotlight – Can the Labour Court Ignore an Employee’s Decision to Withdraw their Claim?

by DNH (BD) | Jun 27, 2023 | Employment Law

Section 69 of the Employment Act 1955 (“EA”) empowers the Director General of Labour to investigate and decide on payment disputes, with the proceedings commonly called “Labour Court” inquiries. These inquiries pertain to matters relating to payment of...
Misusing the Court Process: The Tort of Collateral Abuse

Misusing the Court Process: The Tort of Collateral Abuse

by DNH (BD) | Jun 15, 2023 | Dispute Resolution

Litigation can be time-consuming and costly, which is why it should only be used for legitimate purposes. However, some parties misuse the court’s litigation process for their own ends. This led to the establishment of the tort of collateral abuse. In Malaysia,...
Case Spotlight:  When Does the Timeline Start for Filing of Unfair Dismissal Claims?

Case Spotlight: When Does the Timeline Start for Filing of Unfair Dismissal Claims?

by DNH (BD) | May 31, 2023 | Employment Law

Employees who view themselves unfairly dismissed must file their representation for reinstatement within 60 days from the last day of employment under section 20 of the Industrial Relations Act 1967 (“Act”). This timeline may become blurred when an employer’s internal...
Raising Funds from the Public as a Private Company in Malaysia (Part 2) – ECF vs P2P Lending

Raising Funds from the Public as a Private Company in Malaysia (Part 2) – ECF vs P2P Lending

by DNH (BD) | May 16, 2023 | Corporate and Commercial

Following from the previous article (Part 1), we discussed the restrictions placed on private company limited by shares to raise funds from the public. In this article, we explore (arguably) easier alternatives for companies to raise funds from the public legally,...
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