Section 14 of the Employment Act 1955 allows an employer to dismiss the employee without notice, downgrade the employee or to impose any other lesser punishment as he deems fit for the employee on the ground of misconduct inconsistent with the expressed or implied conditions of his service after due inquiry. However, the Employment Act does not formally define what is an employee ‘misconduct’ or ‘due inquiry’, leaving such matters for the courts to determine.
Category: CEOs Corner
What You Need to Know about Purchase Orders
A purchase order or simply known as ‘PO’ is a contractual document between a customer and a supplier. It is also sometimes referred to as a work order, invoice contract or work agreement. A PO is issued by a customer to request the supplier to provide them with either products or services, where payment is set to be made at a later date after receipt.
My Signature Was Forged! What Can I Do?
Forgery and falsification of documents are methods used by a person to commit fraud. Section 17(d) of the Contract Act 1950 provides that fraud includes any other act to deceive the other party into entering into an agreement.
Reflective Loss Principle: The Applicability in Minority Oppression Petition
Reflective loss is the loss of individual shareholders that is inseparable from the general loss of the company. The general rule is that a shareholder must not bring a claim for a loss which is merely reflective of the company’s loss.
Occupiers Liability 101: What Every Business Owner Needs to Know
- Say No to Workplace Bullying - October 19, 2020
- The Law on Land Acquisition in Malaysia - October 14, 2020
- What Foreigners Should Know Before Buying A Property In Malaysia - October 7, 2020
The current COVID-19 pandemic presents challenges relevant to business owners or occupiers of premises. Harm may befall visitors of the business owners’ or occupiers’ premises if the standard operating procedures (“SOPs“) regulating the entry and behaviour of visitors and personnel do not reflect a sufficient degree of precaution. What kind of precautions should be taken…
Fraud Shall Not Go Unpunished: The Rights of Defrauded Government [Part 2]
- Kuasa Pemotongan Bekalan oleh Pembekal Elektrik di bawah Seksyen 38 Akta Bekalan Elektrik 1990 - April 13, 2021
- Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 2) - April 7, 2021
- Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 1) - February 24, 2021
In the previous article “Fraud Shall Not Go Unpunished: The Rights of Defrauded Government Part (1)“, I have discussed on the rights of government agencies to claim for illegally obtained profits from the interesting position of the US laws. Among others, the US False Claims Act (FCA) includes a qui tam provision that allows people…
Is Winding Up the Last Resort for Oppression?
- Apportionment for Inheritors in Islam [Part 2] - December 15, 2020
- Apportionment for Inheritors in Islam [Part 1] - December 11, 2020
- Impediments to Inheritance in Islam - December 3, 2020
When a shareholder of a company has been oppressed, there are several reliefs or remedies provided under Section 346 of the Companies Act 2016 (Section 181 of the Companies Act 1965) that the Court may grant. Section 346 reads as follows: (2) If on such application the Court is of the opinion that either of…
Protection of Foreign Workers under Malaysian Law
- Federal Court: AR Card is needed to prove service of Writ - April 12, 2021
- Do You Have A Right To Your Lawyer Of Choice? - March 22, 2021
- Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know - March 1, 2021
Over the past few months, there have been a rise in cases involving mistreatment of foreign workers in Malaysia. During the recent Covid-19 outbreak, many foreign workers were prematurely detained by the authorities sparking uproars of xenophobia. In the context of employment, most of these foreign workers are unaware of their rights by law which…
Selling a Business: By Way of Share Sale or Asset Sale?
- Say No to Workplace Bullying - October 19, 2020
- The Law on Land Acquisition in Malaysia - October 14, 2020
- What Foreigners Should Know Before Buying A Property In Malaysia - October 7, 2020
The Covid-19 pandemic has affected businesses all over the world and Malaysia is not excluded from this global crisis. As the lock-down or Movement Control Order (“MCO”) prolonged, a lot of businesses are forced to shut down their businesses due to falling revenues and for not having sufficient funds to pay for overheads and operating…
Free Speech on Social Media: Is There A Limit?
- Say No to Workplace Bullying - October 19, 2020
- The Law on Land Acquisition in Malaysia - October 14, 2020
- What Foreigners Should Know Before Buying A Property In Malaysia - October 7, 2020
Social media platforms are used by everyone to socially interact with others, to share content, to express oneself and most of the time people are using social media to express their opinions over certain things, especially the latest and trending news or events that happened globally. According to Digital 2020 Global Digital Overview which was…