MaxineKhoo

You have a Court Order, but your ex-spouse still refuses to let you see your children. They use excuses like ‘the child is sick’ or simply lock the gate. This is a crime called Contempt of Court. In this article, Lawyer Khoo explains the steps to enforce your Visitation Rights and stop Parental Alienation before it’s too late.

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Child Custody Battles in Malaysia: Mothers vs. Fathers Rights (A Comprehensive Guide)

“With over 500 cases handled, Lawyer Khoo breaks down the reality of child custody battles in Malaysia. Forget the rumors learn the actual facts about the ‘7-Year Rule,’ the difference between Custody and Care & Control, and how the High Court truly decides between a mother and a father.”

Child Custody Battles in Malaysia: Mothers vs. Fathers Rights (A Comprehensive Guide) Read More »

JTK Dismisses Employee’s Commission Claim: Clear Proof of Entitlement Required — Victory

NZSK Legal, led by Lawyer Khoo Ai Theng, successfully represented New Me Marketing Sdn Bhd in defending a commission claim filed by a former employee at the Jabatan Tenaga Kerja (JTK). The employee alleged that the Company owed outstanding commissions and sought relief under the Employment Act 1955.

JTK Dismisses Employee’s Commission Claim: Clear Proof of Entitlement Required — Victory Read More »

Industrial Court Affirms: Persistent Insubordination Constitutes Just Cause and Excuse for Dismissal

NZSK Legal successfully represented Corporate Partners Consultancy Sdn Bhd in an Industrial Court claim brought by former employee Tan Pei Kei, who alleged that her dismissal was without just cause or excuse. The case centred on a fundamental legal principle in employment law: that persistent insubordination—defined as deliberate refusal to obey lawful and reasonable instructions—constitutes just cause and excuse for dismissal. Throughout the proceedings, the Company demonstrated that the Claimant repeatedly ignored compulsory meetings, failed to respond to written instructions, and refused to comply with reporting obligations necessary for performance monitoring. Evidence before the Court showed that despite the Company issuing multiple reminders, a warning letter, and a show cause letter dated 14 April 2023, the Claimant persistently disregarded instructions from both her Human Resource Manager and her direct superior. She refused to attend performance meetings scheduled on 30 March and 3 April 2023, ignored WhatsApp reminders, and failed to submit required Monthly Sales Activity Reports and daily activity logs. Her conduct, as found by the Court, reflected a clear pattern of disrespect, wilful disobedience, and non-cooperation.

In delivering its Award, the Industrial Court reaffirmed the long-standing principle that employers possess the managerial prerogative to direct, supervise, and require accountability from employees, and employees are legally obliged to comply with such directions. The Court emphasised that wilful refusal to follow lawful instructions strikes at the heart of the employment relationship, referencing authorities that describe insubordination as one of the most “noxious” forms of misconduct because it undermines organisational authority. After considering the totality of the evidence, the Court concluded that the Company had proven the Claimant’s insubordination on a balance of probabilities and that the Claimant’s behaviour constituted serious misconduct. Accordingly, the Court held that the dismissal was grounded on just cause and excuse and dismissed the Claimant’s claim entirely.

This decision underscores an important legal principle in Malaysian employment law: when an employee persistently disregards reasonable instructions, refuses to engage in performance discussions, and undermines the employer’s authority, the employer is legally entitled to terminate the employment. The ruling reflects NZSK Legal’s continued success in defending employers in complex industrial relations disputes involving misconduct, performance issues, and procedural fairness.

Industrial Court Affirms: Persistent Insubordination Constitutes Just Cause and Excuse for Dismissal Read More »

Court Awards LAD and Defect Costs to Lik Tin Century in Construction Project Case

NZSK Legal successfully represented Lik Tin Century Sdn Bhd in a complex construction dispute involving significant delays, extensive variation order disputes, defect liabilities, and defamatory allegations arising from a road widening and street lighting project in Teluk Kumbar, Penang. Lik Tin Century, as sub-contractor to the main contractor, appointed the Defendant to carry out substantial construction works under a contract dated 24 February 2017. The project, originally scheduled for completion on 27 August 2017, faced repeated delays due to the Defendant’s inability to complete works on time. Despite multiple requests for extensions, the Defendant ultimately completed the project only on 30 June 2019, resulting in a delay of 334 days. This delay caused Lik Tin Century to incur Late Ascertained Damages (LAD) at RM1,000 per day and further exposure to penalties from the main contractor at RM1,700 per day. The Plaintiff also encountered numerous issues involving disputed variation orders, where the Defendant claimed inflated and unauthorised sums. Detailed joint inspections later revealed that many of these VO claims exceeded agreed amounts or were submitted without approval, resulting in an excessive overcharge of RM160,833.17. Additional problems arose when the Defendant failed to complete required defect rectification works, prompting the main contractor to identify further defects amounting to RM210,500. The Defendant also failed to return project items such as safety road barriers and road signboards, causing additional losses. Compounding matters, the Defendant issued a defamatory letter to the project owner, falsely alleging that Lik Tin Century refused to settle a final account sum of RM305,442.21, despite knowing that the final account had not been finalised. This misleading allegation damaged the Plaintiff’s commercial reputation and jeopardised future tender opportunities valued in the tens of millions. After a full trial before the High Court of Penang, the Court delivered its decision on 25 August 2025 and granted substantial reliefs in favour of Lik Tin Century Sdn Bhd. The Court allowed LAD totalling RM334,000.00, awarded RM210,500.00 for defect rectification costs (subject to minor GST and moiety deductions), and cancelled the Defendant’s excessive variation order charges of RM160,833.17. The Defendant’s entire counterclaim was dismissed, and interest at five percent per annum was ordered from the filing date until full settlement. Although each party was directed to bear their own costs, the overall decision represents a strong and comprehensive victory for Lik Tin Century. This case demonstrates NZSK Legal’s capability in handling high-value construction disputes, intricate technical issues, and reputational harm in complex infrastructure projects.

Court Awards LAD and Defect Costs to Lik Tin Century in Construction Project Case Read More »

NZSK Secures Custody for Father in Case Involving Child Safety, Developmental Delays and Neglect Concerns

Ng, Zainurul, Seke & Khoo (NZSK) successfully represented a father in a complex and emotionally sensitive child custody dispute involving two young children aged three and two. Through comprehensive affidavit evidence, our team established that the children’s welfare, emotional stability, developmental needs, and overall safety were compromised under the mother’s care environment, and that custody should be placed with the father to safeguard the children’s best interests.

NZSK Secures Custody for Father in Case Involving Child Safety, Developmental Delays and Neglect Concerns Read More »

NZSK Secures Sole Custody, Care and Control for Mother in Contested Child Custody Case

Ng, Zainurul, Seke & Khoo (NZSK) successfully obtained sole custody, care and control for our client, the mother, in a highly contested child custody dispute involving a five-year-old boy. Represented by Khoo Ai Theng, the mother proved that the child’s emotional well-being, stability, and day-to-day development required the Court to grant her full guardianship and decision-making authority.

NZSK Secures Sole Custody, Care and Control for Mother in Contested Child Custody Case Read More »

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