By Shauna Pereira Gainful employment represents the bread and butter of every society. It ensures the continuation of an individual’s livelihood and the pursuance of the right to livelihood automatically invokes the larger right and that is, the Right to Life. In Malaysia, this is guaranteed by Article 5 of the Federal Constitution. When a […]
The Industrial Court Process At The Industrial Court Of Malaysia Read More »
Life is not always a bed of roses, nor is it full of thorns. In life, inevitably, there will be ups and downs. Particularly in this economic climate, there could be times where one would require a little financial assistance. It is in such circumstances that one would look to take loans. Banks and financial
Can I Recover A Friendly Loan Given? Read More »
The identity of a business is important as it carries with it the goodwill and reputation of the business and the products or services offered. Trademarks are marks that exclusively identify a product or service as belonging to a specific business and is an important component in branding and marketing. In Malaysia, trademarks are protected
Invalidating A Trademark In Malaysia Through The Malaysian Courts Read More »
The diversification of job descriptions and roles in tandem with the development and growth of technology and economy has given rise to an increase of flexible working arrangements or provision of services for a fixed or indefinite period of time. While at the outset, it appears that such engagements are as independent contractors, it may
Are You An Employee Or An Independent Contractor? Read More »
The scheme of arrangement is a vital tool for corporate restructuring and insolvency that enables financially troubled companies to restructure their operations, safeguard their assets, and fulfil their obligations. However, different jurisdictions appear to have different decisions regarding some legal issues arising out of a scheme of arrangement. Some of these issues have been put
Scheme Of Arrangement: 4 Legal Issues Determined By The Federal Court Read More »
While a company is a legal entity, it is in actuality merely an empty shell. As such, a company’s directors are essential to its operations and decision-making. That being said, the directors are also responsible to ensure that the business is financially stable and that the company is able to meet its obligations. Legal action
Hiring and termination of employment are part and parcel of the human resources affairs of a business. However, caution must be exercised in the process of termination of an employee lest a complaint be filed against the employer for unfair dismissal. This article seeks to provide a brief overview of ‘unfair dismissal’ in Malaysia.
Unfair Dismissal – A Brief Overview Read More »
When a marriage is no longer working, non-Muslim married couples in Malaysia have several legal options to end their relationship. Couples may consider divorce, which effectively ends the marriage, or to be separated through a process known as judicial separation, in which case the marriage still subsists but the couple lives apart upon the terms
Divorce Or Just Separated – A Brief Comparison Between Divorce And Judicial Separation Read More »
The Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012“) was enacted to address issues of delayed and non-payment in the construction industry. The law provides a framework for resolving payment disputes in a timely and efficient manner through adjudication. This article provides a brief overview of the CIPAA 2012. Application of CIPAA 2012 CIPAA
Introduction to the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) Read More »
Bryan Boo and Brenda Lee had recently successfully set aside a Judgment in Default of Appearance on the basis, among others, that the service of the originating process by way of registered post on the Defendant was irregular. It is common that loan documents with financial institutions often contain a clause governing the mode of
