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    CASE(S) OF THE WEEK

  • VIJAYARAO SEPERMANIAM v. SURUHANJAYA PERKHIDMATAN AWAM MALAYSIA [2017] 4 CLJ 451
    COURT OF APPEAL, PUTRAJAYA
    MOHD ZAWAWI SALLEH JCA, VERNON ONG LAM KIAT JCA, ABDUL RAHMAN SEBLI JCA
    [CIVIL APPEAL NO: P-01(A)-165-05-2016]
    14 FEBRUARY 2017

    CIVIL PROCEDURE: Judicial review - Application to quash decision of disciplinary authority - Applicant charged for committing disciplinary offences - Applicant denied charges, provided explanation and requested for oral hearing and for documents to be supplied - Disciplinary authority proceeded to find applicant guilty - Whether applicant denied rights to oral hearing and appeal - Whether right to be heard meant right to be heard orally - Public Officers (Conduct and Discipline) Regulations 1993, reg. 37

    CONSTITUTIONAL LAW: Fundamental liberties - Right to be heard - Applicant charged for committing disciplinary offences - Applicant denied charges, provided explanation and requested for oral hearing and for documents to be supplied - Whether disciplinary authority faced with two sets of facts, documents and evidence - Disciplinary authority proceeded to find applicant guilty - Whether applicant denied rights to oral hearing and appeal - Whether right to be heard meant right to be heard orally - Whether case against applicant required further clarification - Whether right to oral hearing properly observed by disciplinary authority

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  • ARTICLE HIGHLIGHT

    To post or not to post notice of dismissal?

    UK
    Employment
    Notice of termination not necessarily effective until actually received and read by employee
    When is a notice of termination of employment effective if it is posted to an employee? We consider the recent decision of the Court of Appeal in Newcastle upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, where the Court had to consider the date on which a notice of termination of employment, which was posted to an employee, took effect. Ms Haywood was employed by Newcastle upon Tyne NHS Foundation Trust (the Trust) as an associate director of business development. She was notified on 1 April 2011 that she was at risk of redundancy. During a consultation meeting, Ms Haywood informed the Trust that she was going to be on annual leave between 19 April and 3 May 2011 and also indicated that she would be on holiday in Egypt for part of this period.

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  • Side letters and penalty clauses

    UK
    Real estate
    Clause that enabled landlord to terminate side letter was in fact a penalty, therefore unenforceable
    The High Court has found that a clause which enabled a landlord to terminate a side letter if the tenant committed any breach was in fact a penalty. Consequently it was held to be unenforceable, and the landlord was unable to increase the rent. The case provides a useful reminder of the principles that will govern when a provision is in fact a penalty, and parties should be aware that such clauses may not prove enforceable in practice.

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  • Voluntary job swaps in redundancy: Implications for employers from an important decision of the Fair Work Commission

    AUSTRALIA
    Employment
    Consider all redeployment possibilities before terminating for redundancy
    In an important recent decision, a Full Bench of the Fair Work Commission found that, before dismissing employees whose positions had become redundant, the employer should have considered the potential for voluntary job swaps between those employees and other employees in similar roles. By failing to do so, the employer did not comply with its obligations necessary for establishing genuine redundancies under section 389 of the Fair Work Act 2009 (Cth) (Act).

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  • Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance

    UK
    Insurance
    Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance
    The Supreme Court has today handed down its judgment in AIG Europe Limited v Woodman and others [2017] UKSC 18. The Supreme Court allowed the appeal, and remitted the case back to the High Court. It held that determining the meaning of "a series of related matters or transactions” in the aggregation clause contained in the Minimum Terms and Conditions for solicitors' professional indemnity insurance necessitated a fact sensitive inquiry to be carried out.

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  • When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

    AUSTRALIA
    Intellectual property
    Limitations of relying on trademark registration as a defence to infringement claims
    Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (26 April 2017)
  • ACT 469
    Optical Act 1991
    PU(A) 485/2010
    Strategic Trade (Strategic Items) Order 2010
    PU(A) 336/2016
    Passports (Visa to Tourist From the People’s Republic of China) (Exemption) (No. 2) Order 2016
    PU(A) 313/2002
    Tabung Haji (Deposits and Withdrawals) Regulations 2002
    PU(A) 5/2017
    Customs Duties Order 2017
  • Latest Revoked (28 April 2017)
  • PU(A) 129/2017
    Price Control and Anti-Profiteering (Determination of Maximum Retail Price For Petrol and Diesel) (No. 4) Order 2017




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