Insights
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”)
Case Summary on the Interpretation of S.37 of the Arbitration Act 2005
The appellant, Master Mulia, and the respondent, Sigur Rus are parties to a Charter party Agreement (CPA). The appellant hired out its vessel to the respondent for undersea pipelines installation works in the high seas.
Case Commentary – Asm Development (Kl) Sdn Bhd v Econpile (M) Sdn Bhd
This is an application filed by the Plaintiff for an injunction (commonly known as Fortuna injunction) to restrain the Defendant from filing and/or proceeding with a winding-up petition on the basis of non-payment of a statutory demand, which was issued pursuant to an Adjudication Decision.
Case Summary of Sections 37 & 42 of Arbitration Act 2005
By way of letter of appointment dated 18.7.2011, the Respondent appointed the Appellant as its sub-contractor for the construction and completion of vehicular box culverts and drainage works which formed part of the proposed Sungai Buaya Interchange and Toll Plaza contracted out to the Respondent.
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