Insights
Case Summary on Kesatuan Eksekutif Bank Pertanian Malaysia Berhad, Semenanjung v Bank Pertanian Malaysia Berhad
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Case Summary on MCC Overseas (M) Sdn Bhd V TY Land & Development Sdn Bhd
MCC OVERSEAS (M) SDN BHD V TY LAND & DEVELOPMENT SDN BHD (SABAH DEVELOPMENT BANK BERHAD – APPLICANT) (AND ANOTHER APPLICATION) [2020] MLJU 2522 The suit concerned two opposing applications for the appointment of private liquidator for TY Land Development Sdn Bhd...
Case Summary on Sanbos (Malaysia) Sdn Bhd v Gan Soon Huat
Court of Appeal (Putrajaya) - Civil Appeal No. W-01(A)-665-11/2019 ABDUL KARIM ABDUL JALIL, NOR BEE ARIFFIN AND RAVINTHRAN PARAMAGURU JJCA 15 March 2021 Introduction This is an appeal against the decision of the High Court which had quashed an Industrial Court Award...
Case Summary on KPF Niaga Sdn Bhd v Vigour Builders Sdn Bhd and Another Case
The appellant, KPF Niaga Sdn Bhd (‘KPF’), is the plaintiff in the first originating summons, who made an application to the Court to set aside the Adjudication Decision dated 10.9.2019 (“AD”), and the respondent, Vigour Builders Sdn Bhd (‘Vigour’), is the plaintiff in the second originating summons who made an application to the Court to enforce the said AD.
Practice Note – Gross Misconduct
This Practice Note provides guidance on the legal issues relating to gross misconduct and examines the different types of misconduct.
Practice Note – Contractual Notice
This Practice Note provides guidance on the notice period to be given under a contract of employment when terminating the contract.
Practice Note – Payment In Lieu Of Notice
This Practice Note provides guidance on Payment In Lieu of Notice to be given prior to terminating a contract of employment.
Practice Note – Statutory Minimum Notice
This Practice Note considers the various legal issues associated with the statutory minimum period of notice given by an employer or an employee when a contract of employment is brought to an end.
Practice Note – Waiver Of Notice Of Termination
This Practice Note provides a brief guidance on the circumstances in which an employer or employee are able to waive their right to give notice when their employment relationship comes to an end, either contractually or according to the statutory notice conditions.
Adjudication Flowchart (CIPAA 2012)
Adjudication Flowchart (CIPAA 2012) – Adjudication Process Timeline.
The Industrial Relations (Amendment) Act 2020 – A Summary of the Amendments
On 20 February 2020, the Industrial Relations (Amendment) Act 2020 (“IRA 2020”) was gazetted. The majority of the provisions contained in the IRA 2020 came into effect on 1 January 2021 save for the provisions relating to bargaining rights and essential services which are not in force yet.
Practice Note – Responding To A Resignation
This Practice Note considers the issues and the practical steps an employer should take into account when responding to a resignation by an employee. It further explains the validity of the employee’s resignation, the notice period required to tender resignation and outlines the measures an employer should take to minimise liability for wrongful resignation.
Practice Note – Dismissing A Senior Executive
This Practice Note provides guidance on the legal and practical issues for an employer to consider in relation to the dismissal of an employee who holds a senior executive position. It further explains the position on the dismissal of a senior executive employed in the private and public sector.
Practice Note – Distinguishing Dismissal From Other Forms of Termination
This Practice Note provides guidance on the various forms of termination of an employment contract with specific focus on the dismissal of an employee from his/her employment.
Summary On The Amendments Of Courts Of Judicature (Amendment) Act 2020 – Act A1621
The amendments made to the Courts of Judicature Act 1964 (“CJA 1964”) are merely to provide an alternative for the Superior Courts i.e. the High Court, the Court of Appeal and the Federal Court to conduct the proceedings of any cause or matter using remote communication technology.
Summary on the Amendments of Subordinate Courts 2020 – Act A1622
The amendments made to the Subordinate Courts Act 1948 (“SCA 1948”) are to enable the lower courts to conduct the proceedings of any cause or matter, be it civil or criminal, or to hold any inquiry through live video links, live television links or any other medium of electronic communication.
Case Commentary – Uzma Engineering Sdn Bhd v Khan Co Ltd and Another Summons
On 15.5.2014, Petronas Carigali Sdn Bhd (“Petronas”) appointed THHE Fabricators Sdn Bhd (THHE) as the main contractor for a gas development project (Project). KHAN is a South Korean company which collaborated with UZMA to bid for relevant sub-contract.
Case Commentary – Maju Holdings Sdn Bhd v Spring Energy Sdn Bhd
Adjudication decision – Fortuna Injunction – Disputed debt – Enforcement of adjudication decision – section 28 of Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”)
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