[EMPLOYMENT] Disputes Settlement Procedures under Collective Agreements
Transfer orders by the company or a rejection of a transfer request by the company do not automatically constitute constructive dismissal (“CD”). In this case, the High Court upheld the decision of the Industrial Court that there was no CD taking into account the employee’s history of accepting transfers and the tone of the employee’s resignation letter where he expressed gratitude to the company. The High Court held that there was no evidence of a breach of any express or implied term of the employment contract.
This alert discusses the key takeaways from the decision.
If you have any queries, please contact Partner Amardeep Singh Toor (ast@lh-ag.com) or Associate Roseveen Kaur Tyndall (rkt@lh-ag.com).
[EMPLOYMENT] High Court Reaffirms Employer’s Prerogative on Transfer Orders in Statutory Bodies
Transfer orders by the company or a rejection of a transfer request by the company do not automatically constitute constructive dismissal (“CD”). In this case, the High Court upheld the decision of the Industrial Court that there was no CD taking into account the employee’s history of accepting transfers and the tone of the employee’s resignation letter where he expressed gratitude to the company. The High Court held that there was no evidence of a breach of any express or implied term of the employment contract.
This alert discusses the key takeaways from the decision.
If you have any queries, please contact Partner Amardeep Singh Toor (ast@lh-ag.com) or Associate Roseveen Kaur Tyndall (rkt@lh-ag.com).
[EMPLOYMENT] Strict Timeline for Challenging Industrial Court Awards
The Industrial Court reaffirmed that while the Code of Conduct for Industrial Harmony is not legally binding, it serves as a key benchmark in assessing the fairness of a retrenchment exercise. In this case, the Company’s financial distress, exacerbated by the COVID-19 pandemic, necessitated a transition from manufacturing and R&D to supply chain management, leading to the retrenchment of 61 employees, including the Claimants. The court held that the restructuring was bona fide, with genuine redundancy arising from the reorganisation. This decision underscores that non-compliance with the Code, in itself, does not invalidate a legitimate retrenchment exercise.
If you have any queries, please contact Partners, Shariffullah Majeed (sha@lh-ag.com), or Arissa Ahrom (aa@lh-ag.com).
[DISPUTE RESOLUTION] POD Disputes in Schemes of Arrangement: Who Gets to Decide?
Malaysia has taken a significant step toward aligning its insolvency laws with global best practices with the tabling of the much-anticipated Cross-Border Insolvency Bill 2025 on 28 July 2025.
Modelled on the UNCITRAL Model Law on Cross-Border Insolvency, the Bill introduces a structured framework for recognising foreign insolvency proceedings, facilitating judicial cooperation, and improving legal certainty for creditors and businesses operating internationally. This move positions Malaysia as a more attractive and globally connected jurisdiction for cross-border commerce and restructuring.
This article outlines the key provisions of the Bill and its practical implications.
If you have any queries, please contact Partners, Kumar Kanagasingam (kk@lh-ag.com), Mong Chung Seng (mcs@lh-ag.com), and Wong Han Wey (whw@lh-ag.com), or Senior Associate Medha Ong Ann Ting (oat@lh-ag.com).
[DISPUTE RESOLUTION] Judicial Supervisory Power Re-affirmed: High Court Set Aside Automatic Discharge of Bankrupt
Malaysia has taken a significant step toward aligning its insolvency laws with global best practices with the tabling of the much-anticipated Cross-Border Insolvency Bill 2025 on 28 July 2025.
Modelled on the UNCITRAL Model Law on Cross-Border Insolvency, the Bill introduces a structured framework for recognising foreign insolvency proceedings, facilitating judicial cooperation, and improving legal certainty for creditors and businesses operating internationally. This move positions Malaysia as a more attractive and globally connected jurisdiction for cross-border commerce and restructuring.
This article outlines the key provisions of the Bill and its practical implications.
If you have any queries, please contact Partners, Kumar Kanagasingam (kk@lh-ag.com), Mong Chung Seng (mcs@lh-ag.com), and Wong Han Wey (whw@lh-ag.com), or Senior Associate Medha Ong Ann Ting (oat@lh-ag.com).
[DISPUTE RESOLUTION] Restoring Justice: How to Set Aside a Judgment Obtained by Fraud?
Transfer orders by the company or a rejection of a transfer request by the company do not automatically constitute constructive dismissal (“CD”). In this case, the High Court upheld the decision of the Industrial Court that there was no CD taking into account the employee’s history of accepting transfers and the tone of the employee’s resignation letter where he expressed gratitude to the company. The High Court held that there was no evidence of a breach of any express or implied term of the employment contract.
This alert discusses the key takeaways from the decision.
If you have any queries, please contact Partner Amardeep Singh Toor (ast@lh-ag.com) or Associate Roseveen Kaur Tyndall (rkt@lh-ag.com).
[DISPUTE RESOLUTION] Crypto Debts and the Malaysian Winding-Up Landscape
Transfer orders by the company or a rejection of a transfer request by the company do not automatically constitute constructive dismissal (“CD”). In this case, the High Court upheld the decision of the Industrial Court that there was no CD taking into account the employee’s history of accepting transfers and the tone of the employee’s resignation letter where he expressed gratitude to the company. The High Court held that there was no evidence of a breach of any express or implied term of the employment contract.
This alert discusses the key takeaways from the decision.
If you have any queries, please contact Partner Amardeep Singh Toor (ast@lh-ag.com) or Associate Roseveen Kaur Tyndall (rkt@lh-ag.com).
[EMPLOYMENT] Managing Poor Performance: Do’s And Don’ts for Managers
Transfer orders by the company or a rejection of a transfer request by the company do not automatically constitute constructive dismissal (“CD”). In this case, the High Court upheld the decision of the Industrial Court that there was no CD taking into account the employee’s history of accepting transfers and the tone of the employee’s resignation letter where he expressed gratitude to the company. The High Court held that there was no evidence of a breach of any express or implied term of the employment contract.
This alert discusses the key takeaways from the decision.
If you have any queries, please contact Partner Amardeep Singh Toor (ast@lh-ag.com) or Associate Roseveen Kaur Tyndall (rkt@lh-ag.com).
[EMPLOYMENT] IRA vs Civil Route: Courts Clarify Constructive Dismissal Remedies
Transfer orders by the company or a rejection of a transfer request by the company do not automatically constitute constructive dismissal (“CD”). In this case, the High Court upheld the decision of the Industrial Court that there was no CD taking into account the employee’s history of accepting transfers and the tone of the employee’s resignation letter where he expressed gratitude to the company. The High Court held that there was no evidence of a breach of any express or implied term of the employment contract.
This alert discusses the key takeaways from the decision.
If you have any queries, please contact Partner Amardeep Singh Toor (ast@lh-ag.com) or Associate Roseveen Kaur Tyndall (rkt@lh-ag.com).
[EMPLOYMENT] Industrial Court Rules No Dismissal Upon Expiry of C-Suite Employee’s Fixed-Term Contract
Transfer orders by the company or a rejection of a transfer request by the company do not automatically constitute constructive dismissal (“CD”). In this case, the High Court upheld the decision of the Industrial Court that there was no CD taking into account the employee’s history of accepting transfers and the tone of the employee’s resignation letter where he expressed gratitude to the company. The High Court held that there was no evidence of a breach of any express or implied term of the employment contract.
This alert discusses the key takeaways from the decision.
If you have any queries, please contact Partner Amardeep Singh Toor (ast@lh-ag.com) or Associate Roseveen Kaur Tyndall (rkt@lh-ag.com).