“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 […]
The strength of your case depends on what evidence you have to substantiate your claims. Discovery applications are often used by litigants to enable them to obtain documents which are relevant to their case, but are in the possession, custody or power of their opponent. Discovery applications are typically made after a suit has already […]
Fighting a Winding-Up | Donovan & Ho When a company is served with a Notice pursuant to Section 466 of the Companies Act 2016 (the “Notice”) by a creditor without Judgment, it generally means that there exists a minimum debt of RM10,000.00 that has yet to be settled by the company to the creditor. The […]
The tail end of an unfair dismissal case is the issuance of a court award (“Award”) which sets out the Industrial Court’s decision and the grounds for the decision with reference to evidence adduced in trial. In an unfair dismissal case, there is only one “winner” – the unfair dismissal claim is either allowed, or […]
Here are five practical takeaways pertaining to an unfair dismissal claim that has been referred to the Industrial Court. The information in this article #1: Your Case Number Once a complaint of unfair dismissal has been lodged and after parties have attended a conciliation meeting at the Industrial Relations Department, the Minister of Human Resources […]
The Employees Provident Fund Act 1991 (“EPF Act”) is one of the main statutes that employers must be familiar with. The EPF Act imposes obligations on employers which, if not complied with, is an offence that is punishable with imprisonment (in its severest form). For example, employers are under an obligation to make monthly contributions […]
It is often said that no court will lend its aid to a man who files a claim based on an illegal act. Simply put, what this means is that the law will not afford relief to those who claim entitlements from an illegal act. When it comes to “illegal” contracts, the general position has […]
Private employment agencies (informally, but commonly referred to here as “headhunters” or “recruitment agencies”) are regulated by the Private Employment Agencies Act 1981 (“Act”). The Private Employment Agencies (Amendment) Act 2017 (“Amendments”) came into force on 1 February 2018 and has introduced many new changes and provisions, with the aims of better regulating the activities […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Donovan Cheah of Donovan & Ho Advocates and Solicitors. Donovan has joined IR as our exclusive Employment Law (Corporate) Member in Malaysia Founded in 2014 by partners Donovan Cheah and Shawn Ho, Donovan & Ho is a boutique legal practice in […]
Our partners are visiting Sri Lanka to evaluate various projects and opportunities in Sri Lanka with the assistance and input from the Sri Lankan Board of Investments (BOI). Sri Lanka has opened its markets and hence there are a number of opportunities. More so Sri Lanka is the centre in the One Belt One Road […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Paramalingam J. Doraisamy of Krish Maniam & Co. Paramalingam has joined IR as our exclusive Commercial Litigation and Commercial Arbitration Member in Malaysia. Mr. Paramalingam received his education in the small town of Batu Pahat, Johor, Malaysia between 1974 to 1986. A […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Datuk Seri Krishna Kumar J.P.of Krish Maniam & Co. Datuk has joined IR as our exclusive Commercial Litigation and Commercial Arbitration Member in Malaysia. Datuk Seri Krishna Kumar JP, graduated from the University College of Wales, Aberystwyth in the United Kingdom in […]
