Forgot/Reset Password

 

    CASE(S) OF THE WEEK

  • RINOTA CONSTRUCTION SDN BHD v. MASCON RINOTA SDN BHD & ORS [2018] 2 CLJ 129
    FEDERAL COURT, PUTRAJAYA
    ZULKEFLI AHMAD MAKINUDIN PCA, SURIYADI HALIM OMAR FCJ, RAMLY ALI FCJ, BALIA YUSOF WAHI FCJ, JEFFREY TAN FCJ
    [CIVIL APPEAL NO: 02(f)-45-07-2016(W)]
    09 NOVEMBER 2017

    COMPANY LAW: Members' rights – Minority shareholders – Oppression by majority shareholders against minority shareholders – Allegation of – Petition under s. 181 of Companies Act 1965 brought by minority shareholders – Whether there were oppressive acts – Whether proceedings ought to be brought by way of derivative action under s. 181A of Companies Act 1965 – Principle of 'reflective loss' – Whether applicable – Whether remedies under s. 181 of Companies Act 1965 available to shareholder

    Read more




  • ASEAN BINTULU FERTILIZER SDN BHD v. WEKAJAYA SDN BHD & ANOTHER APPEAL [2018] 2 CLJ 257
    COURT OF APPEAL, PUTRAJAYA
    HAMID SULTAN ABU BACKER JCA, UMI KALTHUM ABDUL MAJID JCA, SURAYA OTHMAN J
    [CIVIL APPEALS NO: W-02(C)(A)-1075-06-2016 & W-02(C)(A)-1076-06-2016]
    20 OCTOBER 2017

    ARBITRATION: Award – Setting aside – Application on grounds of public policy – Delay of four years to hand down award – Whether claimant suffered material prejudice – Arbitrator delivered speaking award – Whether delay issue could be sole reason for appellate intervention – Whether issue of delay could be determined in application for setting aside of award – Whether delay compromised decision making process of arbitrator – Whether warranted intervention based on public policy – Arbitration Act 2005, s. 37

    ARBITRATION: Award – Setting aside – Application under s. 42 of Arbitration Act 2005 – Test for court's intervention – Whether s. 42 required higher threshold – Whether claimant made out case for application of s. 42 – Whether appellate intervention warranted

    Read more




  • ARTICLE HIGHLIGHT

    A new definition of ‘worker’ could protect many from exploitation

    AUSTRALIA
    Employment
    New category of worker may protect more people in total but at a lower minimum standard
    If we want gig workers (such as Uber drivers, Airtasker cleaners and delivery riders) to have decent working conditions, pay and hours, it may be time to consider creating a new legal category of “worker” that covers contractors as well as employees. Gig workers and workers in other precarious fields would be entitled to minimum pay rates and conditions even if they were not classified as employees of the platforms they work for.

    Read more




  • ‘Where is my payout, f**got?’: Sacked Coles worker’s foul-mouthed text message rants

    AUSTRALIA
    Employment
    Bipolar disorder 'not mitigating factor' in dismissal of foul-mouthed worker
    A FOUL-MOUTHED Coles employee sacked for abusing co-workers as “retards” and “f**gots” has lost a bid for unfair dismissal after the Fair Work Commission found his bipolar disorder was “not a mitigating factor”. Ridwan Ridwan was sacked from the Glenferrie Coles in Victoria in August last year for inappropriate behaviour including swearing, yelling, using racial slurs and behaving in an aggressive manner towards fellow team members.

    Read more




  • Construction business wins unfair dismissal case after firing worker who chest-bumped a man for stealing his cowboy hat

    AUSTRALIA
    Employment
    Physical altercations can be basis for immediate dismissal
    A construction worker has been unsuccessful in his claim of unfair dismissal, after a Western Australian business fired him for his involvement in a fight over his cowboy hat, which was stolen while he was having a drink at the staff village of a construction site. In July 2017, Bechtel Construction Australia fired an employee who had been working as a rigger on the Wheatstone Project for serious misconduct displayed when the worker got into a fight.

    Read more




  • Exercising the Right to Terminate - Why Your Default Notice Matters

    UK
    Construction
    Valid or invalid termination can start with contractual 'default' notice
    The right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice requirements then a party risks invalidly terminating the contract, and exposing itself to a wrongful termination action. Recent case law in the UK and Australia serves as a timely reminder that a valid or invalid termination can start with the contractual “ default ” notice.

    Read more




  • English High Court confirms that Sharia non-compliance will not affect the enforceability of an English Law agreement in an Islamic Finance structure

    Islamic finance
    Shariah non-compliance won't affect enforceability of English law agreement
    The Financial List in the English High Court has considered the preliminary issue of the validity and enforceability of an agreement governed by English law, which formed part of a complex financial transaction partly governed by UAE law and the principles of Islamic Sharia: Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017] EWHC 2928 (Comm).

    Read more




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (21 February 2018)
  • ACT 3
    Civil Aviation Act 1969
  • Latest Revoked (06 February 2018)
  • PU(A) 214/1981
    Private Employment Agencies Regulations 1981



Events
Events Calendar
ONE DAY WORKSHOP: Effective Handling of Sexual Harassment At The Workplace
27 February 2018 | Hotel Armada
INSOLVENCY & COMPANY LAW: Impact of the New Legislative Regime
27 March 2018 | Eastern & Oriental Hotel, Penang
Events Gallery

Secured By Global Sign