“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 >