by Judy Lim Pek Eng | May 17, 2023 | Legal Summaries
For constructive dismissal cases, it would amount to a waiver of the purported breach if an employee does not leave his/her employment within a reasonable time (or appropriate point in time[1]) after an employer’s purported breach of the employment contract. Support...
by Judy Lim Pek Eng | May 2, 2023 | Legal Summaries
In civil proceedings: (a) A Plaintiff has a legal obligation to serve his/her/its Originating Summons or Writ on a Defendant;[1] (b) A Defendant has a legal obligation to serve his/her/its Defence and Counterclaim on an additional party[2] if the Defendant files a...
by Judy Lim Pek Eng | Apr 4, 2023 | Legal Summaries
Section 329(1) of the National Land Code provides the following: “Compensation for wrongful caveats, and limitation on repeated applications (1) Any person or body who, wrongfully or without reasonable cause, secures the entry of, or fails to withdraw, any private...
by Judy Lim Pek Eng | Mar 7, 2023 | Legal Summaries
Joint Petitions for divorce in Malaysia are governed inter alia by Section 52 of the Law Reform (Marriage and Divorce) Act 1976: “If husband and wife mutually agree that their marriage should be dissolved they may after the expiration of two years from the date...
by Judy Lim Pek Eng | Feb 14, 2023 | Legal Summaries
Both retrenchment and closure of business are exercises of managerial powers. However, neither can be undertaken for any collateral reason[1] (e.g. to victimise an employee). So how does retrenchment differ from a closure of business? Retrenchment The Company...
by Judy Lim Pek Eng | Feb 1, 2023 | Legal Summaries
1. Legally, under the Employment Act 1955, employees are entitled to paid holidays on: (a) 11 of the gazetted public holidays[1]; and (b) Any special days appointed as public holidays.[2] 2. Out of the 11 gazetted public holidays: (a) 5 are mandatory; and (b) 6 are to...
