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    CASE(S) OF THE WEEK

  • DEWAN UNDANGAN NEGERI SELANGOR & ORS v. MOHD HAFARIZAM HARUN [2016] 7 CLJ 143
    FEDERAL COURT, PUTRAJAYA
    ZULKEFLI AHMAD MAKINUDIN CJ (MALAYA), SURIYADI HALIM OMAR FCJ, HASAN LAH FCJ, ZAINUN ALI FCJ, AZIAH ALI FCJ
    [CIVIL APPEAL NO: 02-83-11-2014 (B)]
    14 JULY 2016

    CONSTITUTIONAL LAW: Legislature - State Legislative Assembly - Secretary of the Committee of Rights and Privileges ('Secretary') issued summons against solicitor for issuance of letter of demand against Speaker of Assembly - Letter of demand contained indecent and threatening words - Contempt of Assembly - Allegation against - Solicitor filed suit against State Legislative Assembly, Secretary and Committee of Rights and Privileges - Whether parties had capacity to be impleaded in legal proceedings - Whether Legislative Assembly entitled to rely on immunity conferred under art. 72(1) of the Federal Constitution - Whether Assembly had power to punish acts of contempt committed beyond its walls - Powers of Assembly - Whether limited by Laws of the Constitution of Selangor 1959

    CONSTITUTIONAL LAW: Legislature - State legislative powers - Privileges of Legislative Assembly - Secretary of the Committee of Rights and Privileges ('Secretary') issued summons against solicitor for issuance of letter of demand against Speaker of Assembly - Letter of demand contained indecent and threatening words - Contempt of Assembly - Allegation against - Solicitor filed suit against State Legislative Assembly, Secretary and Committee of Rights and Privileges - Whether Assembly acted within its constitutional and legal powers before invoking protection under art. 72(1) of the Federal Constitution - Whether Assembly had power to punish acts of contempt committed beyond its walls

    CIVIL PROCEDURE: Parties - Proper parties to be sued - State Legislative Assembly - Secretary of the Committee of Rights and Privileges ('Secretary') issued summons against solicitor for issuance of letter of demand against Speaker of Assembly - Letter of demand contained indecent and threatening words - Contempt of Assembly - Allegation against - Solicitor filed suit against State Legislative Assembly, Secretary and Committee of Rights and Privileges - Whether parties had capacity to be impleaded in legal proceedings

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  • ALLIED PHYSICS SDN BHD v. KETUA AUDIT NEGARA (MALAYSIA) & ANOR AND OTHER APPEALS [2016] 7 CLJ 347
    COURT OF APPEAL, PUTRAJAYA
    BALIA YUSOF WAHI JCA, HAMID SULTAN ABU BACKER JCA, VERNON ONG LAM KIAT JCA
    [CIVIL APPEALS NO: W-01-146-05-2014, W-02-810-05-2014, W-02-811-05-2014, W-02-812-05-2014 & W-02-813-05-2014]
    20 OCTOBER 2015

    TORT: Defamation - Libel - Auditor General published audit report and synopsis - Audit report and synopsis referred in articles by national newspapers - Allegation that report, synopsis and articles gave imputation that plaintiff had no licence and had committed criminal offence - Whether words complained of capable of bearing defamatory meaning - Whether words complained of defamatory

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  • ARTICLE HIGHLIGHT

    Top Sydney restaurant chain Mamak has been fined $300,000 for deliberately underpaying workers

    AUSTRALIA
    Employment

    Malaysian street food restaurant Mamak, directors fined for underpaying staff
    The Malaysian street food eatery Mamak is routinely lauded as one of Sydney’s best value restaurants, with long queues of diners outside the Chinatown branch in the evenings. But the Federal Court has found that the workers themselves were paying the price for the cheap eats, penalising the company and three of its directors nearly $300,000 for deliberately short-changing employees and using false records to disguise the underpayments.

    Read more Judgment




  • SC relaxes takeover rules, lifts 50% equity stake requirement

    Capital markets
    Minimum 50% shareholding for takeover by scheme of arrangement abolished
    The Securities Commission of Malaysia (SC) has abolished the minimum threshold of a 50% equity stake requirement for takeovers initiated by way of a scheme of arrangement. A scheme of arrangement is essentially a court-approved agreement between a company and its shareholders or creditors. Such schemes of arrangement are used to execute arbitrary changes in the structure of a business, and may be used for purposes like debt rescheduling, takeovers and returns of capital.

    For the rule book, see
    http://www.sc.com.my/wp-content/uploads/eng/html/resources/guidelines/tom/160815/tom_rules_160815_complete.pdf

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  • T&T Muslim woman wins discrimination case over hijab

    (Trinidad Guardian) A Muslim woman on Tuesday won a landmark judgment against a security firm for discrimination on the basis of her religious beliefs. Giselle Glaude, 31, of St Joseph, wore her hijab (Muslim head covering) in the Tribunal Court of the Equal Opportunity Commission in Chaguanas as judge/chairman Rajmanlal Joseph ruled in her favour against her former employers, Quality Security Bodyguard Services Limited.

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  • Temporary layoff: Constructive dismissal if not provided for in the contract

    CANADA
    Employment

    Employer can only impose layoff if specifically agreed upon in contract
    A recent Ontario decision has clarified the law on temporary layoffs and the related impact on employee claims for constructive dismissal. An employer’s temporary layoff of an employee in accordance with the Ontario Employment Standards Act, 2000 with a fixed return to work date, still resulted in a fundamental change in the employment contract, thus, constituting constructive dismissal.

    Read more Judgment




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (26 August 2016)
  • PU(A) 437/1985
    Food Regulations 1985
    ACT 221
    Malaysia Civil Defence Force Act 1951
  • Latest Revoked (18 August 2016)
  • PU(B) 538/2010
    Malaysian Code on Take-Overs and Mergers 2010




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