In Malaysia, the termination of employees is subject to specific criteria and is not carried out arbitrarily. It is essential to have clearly defined objectives and selection criteria in place. In essence, there should be a justifiable reason for discontinuing the employment of a particular individual. These same principles apply to the retention of employees as well.
What is Retrenchment? Read More »
Unfair dismissal claims often aim for reinstatement to their previous position, as stated in Section 20(1) of the Industrial Relations Act 1967 (“IRA”). However, there are instances where reinstatement may not be granted, such as when the claimant reaches retirement age, if the relationship between parties breaks down, or if the job no longer exists.
RELIEFS FOR UNFAIR DISMISSAL Read More »
What Is Grant Of Probate (GP)?
The Grant of Probate (GP) is a legal document issued by the High Court that confers authority upon the Executor(s) designated in a Will. With the GP in hand, the named Executor(s) are empowered to manage and distribute the assets and affairs of the deceased individual’s estate according to the instructions outlined in the Will.
What is Grant of Probate? Read More »
What Is Letter Of Administration (LA)?
The Letter of Administration (LA) is an official document, in the form of an Order or Declaration, issued in cases where a person passes away without leaving a Will.
The authority to grant the Letter of Administration lies with specific institutions, namely the High Court. These entities possess the legal power to issue the Letter of Administration, which enables the appointed administrator to manage and distribute the deceased person’s estate in accordance with the applicable laws and regulations.
What is Letter of Administration? Read More »
Contesting a will is a relatively common occurrence, arising when individuals express dissatisfaction or discontent with the final testament. Numerous factors can contribute to such challenges.
Nevertheless, challenging a will is not an easy task. Most wills typically undergo probate smoothly, devoid of significant obstacles or disputes. Generally, wills are regarded as the deceased’s final expression of their wishes, with the courts typically adhering strictly to their contents, as the deceased can no longer voice their intentions.
When a Will can be contested? Read More »
Interview with Melody FM -Lawyer Khoo-“If one spouse has an extramarital affair, how can the other spouse apply for a ‘unilateral divorce’?”
Infringement of Trademark
Trademark infringement is the unauthorized use of a trademark or a similar mark in a way that is likely to cause confusion, deception, or mistake among consumers about the source of goods or services. This can include using a similar or identical trademark to that of another company, or using a trademark in a way that is outside the scope of the permission granted by the trademark owner.
Infringement of Trademark Read More »
What is Anton Piller Order?
An Anton Piller injunction, also known as an “order for the delivery up of goods” or a “search order,” is a type of civil court order that allows the plaintiff to search the defendant’s premises and seize evidence without prior warning or notice to the defendant.
This type of injunction is often used in cases of suspected intellectual property infringement or breach of confidence, where the plaintiff has evidence that the defendant possesses crucial documents or evidence that are necessary to prove the case. The purpose of an Anton Piller injunction is to prevent the defendant from destroying or removing evidence before it can be seized
Anton Pillar Order Read More »
Arbitration is a popular alternative dispute resolution method in Malaysia. It is governed by the Malaysian Arbitration Act 2005 (Act 646) which is based on the UNCITRAL Model Law on International Commercial Arbitration.
Arbitration is commonly used in Malaysia to resolve disputes in various industries such as construction, engineering, oil and gas, and shipping. Parties may choose to refer their disputes to arbitration by including an arbitration clause in their contract or by agreeing to arbitrate after a dispute has arisen.
What is Arbitration? Read More »
Medical Negligence in Malaysia
Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm or injury to the patient. In Malaysia, medical negligence cases are regulated by the Medical Act 1971 and the Civil Law Act 1956.
Medical Negligence in Malaysia Read More »
