Transfers and Demotions: How Far Does Managerial Prerogative Go? An employer in Malaysia may transfer an employee as an incident of managerial prerogative provided the transfer is made bona fide, is not barred by the employment contract, and does not reduce the employee’s wages, seniority or status — while demotion is a punishment that generally
Employee Transfers & Demotions in Malaysia: Limits of Employer Power Read More »
A construction project does not truly end when the building is handed over. Most contracts include a defects liability period, a window after completion during which the contractor remains responsible for putting right defects that appear in the work. This period protects the employer and gives the contractor a defined opportunity to make good problems.
Defects Liability Period in Malaysia: Rights and Responsibilities Read More »
When a construction project runs past its completion date, the contract often allows the employer to charge liquidated damages, a pre-agreed sum payable for each day or week of delay. For contractors, liquidated damages can quickly add up to a significant figure, so understanding how they work, and when they can be challenged, is essential.
Liquidated Damages in Construction Contracts: A Malaysian Guide Read More »
Fixed-Term Contracts: When Non-Renewal Becomes Unfair Dismissal A fixed-term contract in Malaysia protects the employer on expiry only if it is genuine; where the employee performs core, continuing work under successive renewals, the Federal Court has held the employment is in substance permanent and non-renewal amounts to a dismissal requiring just cause. What makes a
Fixed-Term Contracts in Malaysia: Genuine or Disguised Permanent? Read More »
Constructive Dismissal: The Contract Test and How Employers Stay on the Right Side of It Constructive dismissal arises in Malaysia only where the employer commits a fundamental breach going to the root of the employment contract and the employee leaves promptly in response, so employers defeat claims by showing contractual authority for their actions and
Constructive Dismissal in Malaysia: How Employers Can Reduce Risk Read More »
When a construction project runs late, the crucial legal question is who is responsible for the delay. If the delay is the contractor’s fault, they may face liquidated damages. But if it is caused by events outside the contractor’s control, an extension of time may be available, pushing back the completion date and protecting the
Extension of Time (EOT) Claims in Malaysia: How They Work Read More »
Almost no construction project is built exactly as originally planned. Designs change, site conditions differ from expectations, and clients ask for additions or alterations along the way. These changes are handled through variations, and how they are instructed, valued, and claimed is one of the most common sources of dispute in Malaysian construction. Getting variations
Variation Orders and Claims in Malaysian Construction Projects Read More »
MyCC has wide powers to investigate suspected breaches of the Competition Act 2010 — including the power to demand information and to search premises under warrant. Understanding the process, and being ready to respond properly, can make a real difference to the outcome, because mistakes early on (such as destroying documents) are themselves offences. This
How MyCC Investigates: Powers, Dawn Raids and the Enforcement Process Read More »
Section 10 of the Competition Act 2010 prohibits a dominant enterprise from abusing its position, but it does not define abuse exhaustively. In practice, abuses fall into recognisable categories — some that exclude rivals and some that exploit customers. This article works through the main types and how each is assessed. It assumes the enterprise
Poor Performance Dismissals: What the Industrial Court Expects Employers to Prove A poor performance dismissal will only be upheld in Malaysia if the employer proves that the employee was made aware of the required standards, was warned of the shortfalls, and was given a sufficient and genuine opportunity to improve before termination. What is the
Dismissing for Poor Performance in Malaysia: Warnings, PIPs & Proof Read More »
