Our article on Afnizahanim Mohammad Saad v Kemaman Bitumen Company Sdn Bhd [2019] 4 ILR 503: dnh.com.my/case-spotlight-fired-for-gossiping/ Can you be fired for gossip? A toxic employee can spread negativity and hurt morale in the workplace through malicious gossip. However, since this behavior is difficult to prove and very subjective, is this a ground for termination? In a decided case, the Labour Court considered the dismissal of an employee accused of “character murder”: spreading malicious and unfounded rumours about two other employees and suggesting that they were having an affair. Among the company`s witnesses was the subject of applause, which testified to how the rumors caused their psychological distress. The accused employee was the head of human resources, nothing less. The court noted that the manner in which it behaved “left much to be desired” and agreed that a reasonable company would not have retained the services of the employee who had acted in such an irresponsible and unprofessional manner. The dismissal was confirmed. Office gossip may seem harmless most of the time, but it can also damage morale and reputation in the workplace in the long run. Allegations that office gossip constitutes misconduct justifying dismissal will constitute evidence and proportionality. In this case, the company`s record was supported by its witnesses, who were able to testify to the employee`s misconduct.
In addition, the fact that the employee held such a leadership position in human resources justified the expectation that she was bound by a high level of integrity, professionalism and ethics. Our article on this case is in the comments. #employmentlaw #humanresources #hr the Malaysian Minimum Wage Ordinance 2022 has been published in the Official Gazette and provides as follows: “âªï ̧Monthly minimum minimum of RM1,500 from 1 May 2022 âªï ̧ Employers with less than 5 employees are exempt until 1 January 2023 âªï ̧ Employers who carry out professional activities are not exempt, Even if they have less than 5 employees Contrary to previous announcements by the Ministry of Human Resources, that “some companies” that have become – in the face of huge losses – will benefit from some flexibility or exceptions to the minimum wage, there are no such exceptions in the Minimum Wage Ordinance 2022. That is why I always say that government announcements are not a law – we will have to see what is published in the Official Gazette. The inconsistency between the government`s announcements and the legislation is likely to recur when we look at the amended Employment Act of 1955 and the proposed expansion of coverage for workers. Our article on the Minimum Wage Regulations 2022 is in the comments. #employment #humanresources #law #hr #employmentlaw Employment and Industrial Relations: 1 partner; 5 Malaysia-based fee recipients ■ Defending unjustified dismissal claims filed by employees dismissed for misconduct, poor performance or dismissal ■ Representing clients in labour disputes such as civil actions related to breach of employment contracts and pecuniary claims for damages ■ Advising on disciplinary and dismissal procedures for employees involved in serious misconduct (e.g. Fraud, conflicts of interest, sexual harassment) ■ Advice on all aspects of restructuring and reduction measures, including legal requirements, communication with employees and liaison with local authorities ■ Advice to employers on labour law, regulatory compliance and preparation of employment contracts, manuals and documentation for their staff in Malaysia ■ Representation of clients in applications for judicial review Key clients: Thermo Fisher Scientific, L`oréal, Momentive Contact: Donovan Cheah Tel: +603 2856 9728 Email: [email protected] We ensure that your real estate transaction, whether you rent, buy or sell, is handled by a lawyer (not just a clerk). You will be up to date. We help you save RPGT and stamp duty when legally possible. We will guide you through the process and local nuances of real estate transactions and rentals in Malaysia. The Legal 500 (Legalease) is pleased to officially announce the return of the GC Summit Malaysia, which will take place on 24 November 2022©in the beautiful city of Le Munich in Kuala Lumpur.
In cooperation with our partners for this event, Mohanadass Partnership, Rosli Dahlan Saravana Partnership, Trowers & Hamlins, LHAG and Donovan & Ho, we are pleased to present this meeting schedule to you. The round tables will focus on the management of international disputes; Navigate legal and tax issues in post-pandemic M&A transactions; the rise of sustainable investing; Data Management in the Information Age; and the changing Malaysian labour law landscape. GC Summit Malaysia invites the most respected in-house advisor from the country`s most prolific companies to discuss their changing roles as internal leaders as well as the challenges, issues and opportunities they face. Between comprehensive roundtables and the opportunity to meet and exchange ideas with other in-house consultants, gc Summit Malaysia promises to be a practical and forward-thinking event that brings together the best lawyers in the region. Places are free for internal consultation. To register your participation, please click on the following link: lnkd.in/ekKW4wsC #GCSummit #GCSummitMalaysia #thelegal500 #Legal500events #generalcounsel #Malaysia #employmentlaw #datamanagement #disputeresolution #tax #mergersandacquisitions #sustainability #legalevents #inhousecounsel We provide practical legal advice in litigation to protect your interests and can represent you in legal disputes before the Malaysian courts. Our lawyers have experience in alternative dispute resolution procedures such as arbitration (national and international) and can assist you in settlement negotiations. Global Business Development Manager – GC Portfolio at The Legal 500 Many thanks to AMCHAM Malaysia (American Malaysian Chamber of Commerce) for inviting me to speak about the changes to the Employment Act. While the changes bring changes that will have a positive impact on many employees, they have also led to a lot of confusion among companies and the HR community as we await more details on expanding the scope of the EA. There is still uncertainty about when the changes will come into effect, the length of the transition period, and the number of employees affected by these changes. I was pleased to be able to share with amCHAM members some proactive and practical steps they can take in the meantime to prepare the amendments.
An added bonus for me was that this session was moderated by the excellent Gayathri Ramakrishnan and Han Li Meng é©ä ̧1/2æ on sexual harassment legislation. #employment #hr #humanresources. Our lawyers have a strong economic mindset and advise both companies and investors on shareholder agreements, terms of use, framework agreements, employee stock options, personal data protection, mergers and acquisitions. Banking & Finance Lawyer (Banking & Finance and Project Finance) OSCE (last part) Candidate Thank you Donovan Cheah for this insightful exchange. It is sick to know that a person who should create, maintain, and execute the strategy is violating the policy itself. Harapkan Pagar, Pagar Makan Padi I suspect the plaintiff ruined her career. Passion for the development of people | Embrace My Own Values International Work: ■ Advising on the restructuring of a multinational IT company following its acquisition by Malaysia-Singapore. Partner: Donovan Cheah ■ Acted for a global investment fund in international arbitration in Singapore. Partner: Donovan Cheah ■ Advising in cross-border litigation (Malaysia-New Zealand).