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  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?
A Judgment in Default of appearance is obtained by a Plaintiff when a Defendant fails to enter appearance upon the service of Writ and Statement of Claim by the Plaintiff. However, where a litigant ought to have referred the dispute to arbitration, an application could be made by the Defendant to stay the proceeding.
We have previously explored the topics on grant of probate and letter of administration, but what happens after the extraction of these documents?
Although the Federal Court has determined that the standard of proof for proving fraud is based on a balance of probabilities, the factual complexity in most fraud cases cannot be understated. Combined with the elaborate concept of fraud in its most fundamental sense, it may often times be the case that it will be very difficult to obtain evidence and proof relating to issues of fraud.
The use of video conferencing in Courts is not new. Due to COVID-19 and the Movement Control Order, the civil courts have also allowed more hearings to be conducted online. We have even recently seen a Court of Appeal hearing live-streamed on the judiciary’s website. Can the same be adopted by the Industrial Court?
For a contract to make sense or be worthwhile, all parties to the contract must receive some sort of benefit from it. In legal sense, this is called Consideration. Consideration is an essential element in every contract and/or agreement. Consideration refers to the benefit that each party receives or expects to receive from the contract.
Employees whose monthly salary does NOT exceed RM2,000 is protected under the Employment Act whereas others are considered as the “Non-EA Employees” which will usually be governed by the terms of their contract of employment. However, most employers still use the Employment Act benefits as a guideline or “bare minimum”, even for the Non-EA Employees.