“Whether there was actual redundancy and that the redundancy led to termination of employees with just cause and excuse?” Case: MUHAMMAD FIRDAUS MURAD v L & O COLLECTIONS SDN BHD & ANOR [2023 3 MELR 280] Brief Facts: 6 employees of L & O Collections Sdn Bhd [LO] were employed in the LONE PINE HotelRead more
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“Can an employee file a claim for Constructive Dismissal in a Civil Court as opposed to referring the matter to the Industrial Relations Department and eventually to the Industrial Court?” Case: 7 ELEVEN MALAYSIA SDN BHD v ASHVINE HARI KRISHNAN [2023 4 MLRA 252] Brief Facts: The Plaintiff Ashvine Hari Krishnan [Ashvine] was employed byRead more
“Whether terminating an Acting position and reverting the employee to his/her original position amounts to Constructive Dismissal?” Case: KERETAPI TANAH MELAYU BERHAD v MOHAN VYTHALINGAM & ANOR & ANOTHER APPEAL [2023] 3 MLRA 722 Brief Facts: The Claimant Mohan Vythalingam [Mohan] started working with KTMB on 1.9.1983 as Pembantu Lokomotif Rendah. In 1992 Mohan wasRead more
“Was the employee here constructively dismissed?” Case: CIMB BANK BERHAD V AHMAD SUHAIRI MAT ALI & ANOR [2023] 6 MLRA 625 Brief Facts: Ahmad Suhairi Mat Ali [Suhairi], who is the Claimant in this case was an employee of CIMB Bank [CIMB] the Appellant. Suhairi held the position of Area Commercial Manager (ACM) for theRead more
“Whether Condominium Management Corporations has the right to prevent an owner and/or tenant from accessing the lifts due to outstanding maintenance and service charges?” Case: NG MIN LIN V 2HAMPSHIRE MANAGEMENT CORPORATION [2022] 7 CLJ 109 Brief Facts: The plaintiff, (“Ng Min”) was the owner of one unit in 2Hampshire Apartment (“Condominium”) and the defendantRead more
“Can house buyers sue for damages for rectification of defects even though there is a clause in the sale and purchase agreement prescribing procedures to be followed during the defects liability period?” Case: CHRISHANTHINI ANGELA REGINA A/P SEBASTIAMPILLAI v VIEW ESTEEM SDN BHD [2023] 1 MLJ 309 Brief Facts: The appellant, Ms Christhanthini, was theRead more
“Whether a land owner can claim for value of buildings during a compulsory land acquisition under the Land Acquisition Act 1960 if the buildings were built contrary to categories/conditions of title and also contrary to the relevant planning and/or zoning laws?” Case: MMC TEPAT TEKNIK SDN BHD V LEMBAGA LEBUHRAYA MALAYSIA AND PENTADBIR TANAH DAERAHRead more
“What constitutes confidential information, and to what extent is an employee allowed to use confidential information obtained from his/her previous employment?” Case: KAREN YAP CHEW LING V BINARY GROUP SERVICES BHD & ANOTHER APPEAL [2023] 7 CLJ 534 Brief Facts: The Binary Group Services Bhd (“Binary Group”), which is the Respondent/Plaintiff in this case, operatedRead more
“Whether a Residents Association is entitled to impose a rule that non-paying owners in the Residential Area have to operate the boom gates by themselves without the assistance of security guards?” Case: LIM KENG JIT v. MAJLIS BANDARAYA PETALING JAYA [2023] 1 LNS 1305 Brief Facts: The Residents Association of Parkville Sunway Damansara (“RA”) hadRead more
“Whether a person who holds the position as Director and Shareholder of a company can be deemed as “workmen”/employee of the company under the Industrial Relations Act 1967, entitling him/her to initiate a claim for unfair dismissal?” Case: Gopala Krishnan Chettiar a/l Muthu v Sealand Marine Inspection and Testing (M) Sdn Bhd & Anor [2023]Read more
