Generally, a typical software licensing agreement between providers and users will contain the elements below: the software licensing agreement: which contain the main commercial and legal terms of the licensing the software, addressing the licence to use the software, payment, intellectual property, and termination; the maintenance & support agreement: which addresses the obligation of the software provider […]
After a complaint for unfair dismissal is filed to the Industrial Relations Department, more often than not, parties would face two processes known as conciliation and mediation. Both these processes are exercised to provide an opportunity for parties in dispute to seek an out-of-court amicable win-win settlement. A conciliation meeting takes place in the office of the […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Lee Kien Han of Han & Partners. Lee Kien Han has joined IR as our exclusive Mergers & Acquisitions Member in Malaysia. If you have a requirement in this area, please get in touch with Lee Kien Han directly or with […]
Cases involving misconduct of a sexual nature in the Industrial Court are often related to sexual harassment. However, the Industrial Court had paved new grounds recently in Syed Naharuddin Bin Syed Hashim v Etiqa Takaful Berhad (Award No.: 3143/2018) by deciding a case on sexual grooming. Before we delve further, its best to define what exactly amounts […]
If you have a debt of RM5,000.00 or less owed to you, you have the right to initiate a civil action against the debtor to claim back the amount owed. This process is called a small claims action and it is done through the Magistrates Court pursuant to Order 93 of the Rules of Court 2012. […]
Part-time employees are defined under the Employment Act 1955 (“Employment Act”) as employees whose average hours of work per week are between 30% -70% of the normal hours of work per week of a full-time employee employed in a similar capacity in the same enterprise. What is “normal hours of work”? Normal hours of work […]
With much fanfare, the Budget 2019 (themed “Credible Malaysia, Dynamic Economy, Prosperous Rakyat” was tabled early November 2019. For business owners and startups, this is no doubt a highly anticipated (or feared) event, and before the dust settles, we summarize how the Budget 2019 could affect your business. Corporate tax rates for SME Despite the […]
On 31 October 2018, the Federal Court in Tan Sri Dato Seri Vincent Tan Chee Yion & Anor v Jan De Nul (Malaysia) Sdn Bhd & Anor [Civil Appeal No. 02(f)-8-02/2018(W) (“Jan de Nul Case“) conclusively determined the meaning and effect of an “international arbitration” under the Malaysian Arbitration Act 2005 (“Act“). Background Facts Arbitration was commenced […]
This article examines the recent Court of Appeal judgment in Obnet Sdn Bhd v Telekom Malaysia Berhad (7 September 2018, Civil Appeal No. W-02(NCC)(A)-1698-08/2017) which dealt with the issue of a party applying to the High Court for discovery, in aid of a pending arbitration proceeding. Background Facts Obnet Sdn Bhd (“Obnet“) was appointed by the Selangor […]
As mentioned in our previous article, the General Data Protection Regulations (“GDPR”) apply to organizations that control or process personal data of subjects in the European Union. We have written various articles on the Personal Data Protection Act 2010 of Malaysia (“PDPA”), including the meaning of personal data under the PDPA. What about the term ‘Personal Data” […]
“Can you prove the actual losses suffered by the company?” That was my first question to our Company-client intending to file an action for damages against their employee for breach of duties and negligence. In every claim for damages, there are always two folds to satisfy i.e. liability and quantum. When liability is established, loss […]
In this article, we examine the High Court decision of Lee Lai Cheng (suing as the next friend of Lim Chee Zheng and herself) v Lim Hooi Teik [2017] 6 CLJ 668 involving an application for the court to order DNA testing to prove paternity of a child. Background facts The plaintiff and the defendant in this case […]