The Court of Appeal has drawn a firm jurisdictional line between the Labour Office and the Industrial Court, ruling that once an unfair dismissal claim is before the Industrial Court, the Labour Office is effectively stripped of authority to adjudicate related wage disputes.   In Philip Phang Kin Ming & Anor v M Jets International Sdn Bhd (Civil Appeal No: B-04(A)-422-09/2024), the court unanimously held that Section 69A of the Employment Act 1955 (EA) operates as a statutor

In a recent decision (Award No. 1692 of 2025), the Industrial Court dismissed the unfair-dismissal claim brought by Vikram Singh a/l Muniandy (the Claimant), who is the Head of Aviation Security at the Pos Malaysia International Hub (PMIH), The court upheld Pos Malaysia Berhad’s (the Company) decision to terminate his employment. The Company was represented by the firm’s Senior Associate, Muhamad Sharunizam bin Mohd Roni. A Case Rooted In Governance Failures The dispute began

In a landmark move, Malaysia has amended its Penal Code and Criminal Procedure Code, effective July 2025, to criminalise all forms of bullying including cyberbullying. The legislative reform signals a new chapter in the country’s approach to interpersonal misconduct, extending legal scrutiny from schoolyards to boardrooms.   The recent case that catalysed public interest in this topic was the tragic death of Zara Qairina Mahathir, a Form One student whose story gripped the na

Recently, our Senior Associate, Muhamad Sharulnizam Mohd Roni, successfully represented MBSB Bank Berhad in Syed A Faris Aljunid   v   MBSB Bank Berhad  (Award No: 451 of 2025). This case not only reaffirmed the Bank's right to exercise managerial prerogative during probation but also underscored the importance of clear performance expectations and structured assessments for senior-level probationers.   Brief Facts   The claimant, Syed A Faris Aljunid, was employed as a Senio

The jurisprudence surrounding the need for a domestic inquiry prior to dismissing an employee has traversed a complex and evolving path. The question of how the Industrial Court should address an employer’s failure to hold a domestic inquiry or to conduct one that is free from any procedural defect remains an unresolved issue. Domestic inquiry serves as a cornerstone of procedural fairness in the workplace, ensuring accountability and adherence to the principles of natural ju

Recently, the Court of Appeal in the  Woon Kim Choy case  clarified the legal position that a person may, at the same time, be both a director and an employee of the company if a valid and separate contract of employment exists.    The court held that “ There is nothing incompatible between a person exercising his role as an executive director of the company and at the same time having a contract of employment with the company. The two positions and their respective roles and

Recently, our Senior Associate, Muhamad Sharulnizam Mohd Roni, successfully represented the company in Rahimuddin Bin Md Harun v Darul Khusus Venture Sdn Bhd, where this case underscores the importance of setting performance expectation of probationers by the employer. This ruling further clarifies the distinction between non-confirmation of a probationary employee and constructive dismissal. Brief Facts The claimant (Rahimuddin Bin Md Harun) was dismissed by the company on 3

In a unanimous decision, the Federal Court reaffirmed the applicable test for determining constructive dismissal in the case of Tan Lay Peng v RHB Bank Bhd & Anor [2024] 6 CLJ 315.   The sole question of law posed before the apex court was whether there was a difference in the contract test or reasonableness test in light of the major developments in the industrial court jurisprudence. The Background Facts This case involved one Mr Tan Leong Huat (Mr Tan), a former employee o

The topic of sexual harassment in the workplace is still a prevalent topic to date. Research has shown that chronic stress caused by harassment at the workplace can contribute to mental and physical health problems. Workplace discrimination and harassment is a serious phenomenon.   This alert explores the various avenues provided for an employee to explore in the face of workplace sexual harassment and how employers can ensure these issues are eliminated.   Sexual Harassment

Recently, the Court of Appeal in Gopala Krishnan Chettiar a/l Muthu v Sealand Marine Inspection and Testing (M) Sdn Bhd & Anor  [2023] 4 MLJ 445 provided some insight as to whether a director and shareholder of a company is also a ‘workman’ in accordance with the definition in Section 2 of the Industrial Relations Act 1967 (IRA 1967). The issue in this case was whether a person who holds a position as a director and shareholder of a company is entitled to initiate a claim for