“It will be clear that the underlying basis of the doctrine of [forced resignation] is the existence of facts showing that an employee was put under compulsion to resign and that if he declined to do so, the employer would proceed to dismiss him in any event.”
Justice must not only be done, but must be seen to be done. This statement contains the expectation that when parties appear before a judge, he would adjudicate between them in an impartial manner. This article seeks to discuss the law in relation to judicial bias, particularly apparent bias arising from a written judgment.
Sexual harassment in the workplace is nothing new, and as I write this article I feel as if I may be beating a dead horse. Though this area has been extensively discussed, I will do my best to not only discuss the legal aspects of it, but also offer practical solutions to both employers and employees.
“The limitation law is promulgated for the primary object of discouraging plaintiffs from sleeping on their actions and more importantly to put a definite end to litigation.” – Hashim Yeop Sani, then Chief Justice of Malaya in the case of Credit Corporation (M) Bhd v Fong Tak Sin”
“Exemplary damages. Where the wounded feeling and injured pride C of a plaintiff, or the misconduct of a defendant, may be taken into consideration, the principle of restitutio in integrum no longer applies. Damages are then awarded not merely to recompense the plaintiff for the loss he has sustained by reason of the defendant’s wrongful act, but to punish the defendant in an exemplary manner, and vindicate the distinction between a willful and an innocent wrongdoer. Such n damages are said to be ‘ at large,’ and, further, have been called exemplary, vindictive, penal, punitive, aggravated, or retributory”
“If a promisor stipulates by the terms of his offer that it may, or that it shall, be accepted in a particular manner, the contract materialises as soon as the promise does that stipulated act.”
The Industrial Court dealt with the issue of an employee who was placed on a fixed term contract after being retired in Wong Mei Yoke v Tien Wah Press Malaya Sdn Bhd [2018] 1 ILR 20. The decision of this case changed the legal landscape on fixed terms contracts in Malaysia.
We often hear about the term ‘liquidator’ and that these are individuals who have a certain role within a company that is being wound up and/or being liquidated. Their responsibilities consist of collecting the assets the company that is being wound up and/or liquidated as well as settling all claims against the company before putting the company into dissolution.
Modern-day commercial cases are quickly becoming more technical in nature. Litigating parties often find themselves having to bring in experts to provide opinions on various technical aspects.
If a Company is liable for legal action, do the shareholders and directors automatically become liable as well? How can a Company be liable when it is not actually a person?