Employment Law

Industrial Court Awards Over RM250,000 to Our Client in Unfair Dismissal Case Against a Foreign Government Trade Agency

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On 25.02.2025, the Industrial Court of Malaysia, presided over by Y.A. Mohd Zulbahrin bin Zainuddin, ruled in favor of our Client, a senior employee challenging an unfair dismissal by a foreign government trade agency (“the Employer“), based in Kuala Lumpur. The Court awarded over RM200K in compensation, reinforcing the importance of procedural fairness in dismissal … Read more

The Court of Appeal Grants Leave for Our Client’s Appeal: Employment Law Dispute

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Recently, the Court of Appeal, comprising The Hon. Justice Datuk See Mee Chun, Hon. Justice Datuk Azhahari Kamal, and Hon. Justice Datuk Wong Kian Kheong, granted leave for our Client to appeal against the Kuala Lumpur High Court’s decision. This development is crucial to our Client’s business operations moving forward. Our Mr. Jonathan K, acted … Read more

Business Owners Beware: Parent Company can be sued by Employee of a Subsidiary- Industrial Dispute

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Key Takeaways from the Ahmad Zahri Case: Piercing the Corporate Veil in Employment Disputes Under typical circumstances, employees of a subsidiary cannot bring claims against a parent company for unfair dismissal, as each company is a distinct legal entity. However, in the Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn. Bhd. [2020] MLJU … Read more

Probationary Employees: What Employers Need to Know

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The realisation that you may have had a bad hire is worrisome. During this probation period, you as the Employer can assess their abilities and suitability in the Company. Likewise, the probationer can determine if he or she wants to stay with the organisation after the period ends. Notably, there is no legal requirement under … Read more

Are Employers Required to Warn Their Probationers In Senior Roles in a Company about Their Poor Performance Before Dismissing Them?

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Under Malaysia employment laws, a probationer enjoys similar rights as a full-time employee. As such, an Employer is not allowed to dismiss her probationer without “just cause and excuse”. Having said that, a probationer can be dismissed for poor performance. In simpler terms, a “poor performance” is when the probationer’s job performance falls below the … Read more

FAQs on the ‘Wage Subsidy Programme’

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In this article, we aim to provide some guidance about the Wage Subsidy Programme for all business owners, and SMEs in Malaysia. It should be pointed out that the financial incentives under the Wage Subsidy Programme is to encourage Employers to continue hiring eligible employees in ongoing jobs without resorting to retrenchment. In other words, … Read more

Workplace Sexual Harassment Malaysia: FAQs on Workplace Harassment

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Based on a recent survey, over a third of Malaysian women experienced sexual harassment at workplaces. In most cases, the victims chose to remain silent because of embarrassment, fear of retribution, or thought that speaking out would make no difference.   In this article, we aim to raise awareness on workplace sexual harassment from the law … Read more

COVID-19 Update: Unfair Dismissal in Malaysia.

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The Malaysian Government has issued a Movement Control Order (“MCO”) to contain the spread of Coronavirus (Covid-19), taking effect from 18th March to 28th April. During this period, all government and private business premises are forced to shut down, save for essential services in areas such as utilities, telecommunications, transport, banking, health, and food supply. … Read more

Can Employers Prevent An Employee From Joining A Competitor After The Employment Ends?

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You may have seen this type of clause in your employment contract: “After the termination of employment for any reason whatsoever, the employee shall not for a period of 12 months from the date of termination carry out any business of any nature that is similar in nature to or is in competition with the … Read more

Movement Control Order (MCO): Common Employment Issues

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To control the spread of the Coronavirus pandemic (Covid-19), the government announced the Movement Control Order (MCO) on 16.3.2020. Following this, many businesses are required to close their premises from 18th March to 14th April 2020.   This announcement has affected businesses and companies across the country, and has caused great concerns among both employers and … Read more