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    CASE(S) OF THE WEEK

  • CHEONG HUEY CHARN v. PANG MUN CHUNG & ANOR [2018] 1 CLJ 491
    HIGH COURT MALAYA, KUALA LUMPUR
    S NANTHA BALAN J
    [APPEAL NO: WA-12BNCVC-172-11-2016]
    07 AUGUST 2017

    CONTRACT: Illegality - Agreement - Sale and purchase agreement - Bank policy of not granting loans to non-citizens - Non-citizen vendor entered into sale and purchase agreement with purported purchaser to circumvent bank's policy - Whether purported purchaser was holding property on trust for purported vendor - Whether sale and purchase agreement amounted to illegality - Whether against public policy - Whether purported vendor could rely on sale and purchase agreement in making claim against purported purchaser at court - Contracts Act 1950, s. 24(e)

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  • ARTICLE HIGHLIGHT

    Carillion Plc goes into liquidation: how does it affect the employment relationship?

    UK
    Employment

    Position of Carillion employees may be different from that of most employees in similar situation
    News broke this week that construction giant Carillion Plc has gone into compulsory liquidation. It has since been confirmed that the High Court has appointed the Official Receiver as liquidator of Carillion Plc and its group companies. This will be of concern to many people, but particularly to the 43,000 individuals employed by Carillion, some 20,000 of which are based in the UK. This is a complicated matter given the number of public sector contracts held by the Carillion group. Full details of how Carillion’s liquidation will be managed are yet to emerge, but The Official Receiver has announced that its priority is to ensure the continuity of public services whilst securing the best outcome for creditors.

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  • Room for uncertainty: a new approach to fixed term contracts?

    AUSTRALIA
    Employment

    Allowing maximum term contract to expire does not exempt employer from unfair dismissal claim
    Since 2006, employers had significant comfort in the Federal Commission’s view that they “are entitled to structure their affairs, including the contracts they offer to employees, in the way that they think best suits their interests” (Department of Justice v Lunn [2006] AIRC 756). As such, employers could chose to offer employees outer-limit contracts (contracts with an agreed end date unless terminated earlier on notice). When the contract ended at the agreed end date, it would not be a dismissal. No unfair dismissal claim could successfully be made against the employer.

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  • Casual employees and their rights to convert to full-time employment

    AUSTRALIA
    Employment
    Freight handler denied right to convert from casual employment to permanent full-time work
    In a first of its kind decision, the Federal Court of Australia recently upheld the rights of a casual employee to insist that his employer convert his employment to a full-time basis under an enterprise agreement. Senior Associate, Damon King and Solicitor, Emma Scotney discuss the reasons for the decision and, importantly, its relevance to the model casual conversion clause presently being developed by the Fair Work Commission pursuant to the Award Modernisation process.

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  • Sexual harassment in the workplace: What crosses the line?

    US
    Employment
    What constitutes sexual harassment, and when it violates the law
    West, who travels the country to conduct workplace harassment training, including here at CBS News, began by defining the two types of harassment at work: hostile work environment and quid pro quo. For a situation to be considered a hostile work environment, West said the conduct must meet a number of criteria. It must be behavior that's "unwelcome, or offensive, some jurisdictions would say"; it must be directed at someone because of a legally protected characteristic such as race, gender, sexual orientation, or age; and the misconduct must be be severe or pervasive.

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  • Suspension and investigation leading to termination. All within the implied right to issue lawful and reasonable directions?

    AUSTRALIA
    Employment
    Employer's right to issue lawful and reasonable directions can be a powerful tool in managing allegations of misconduct
    In considering the breakdown of the employment relationship between a dental clinic operator, Railway & Transport Health Fund Ltd (RTHF), and one of its principal dentists, Dr Avenia, the Federal Court confirmed that the implied right of an employer to issue lawful and reasonable directions to employees will, in appropriate circumstances, extend to the suspension of employees and the conducting of investigations into allegations of misconduct in the absence of any express contractual right to do so.

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LATEST MALAYSIAN ACTS

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LEGISLATION ALERT

  • Latest Updated (19 January 2018)
  • PU(A) 273/2014
    Goods and Services Tax (Relief) Order 2014
  • Latest Revoked (05 January 2018)
  • PU(B) 174/2017
    Appointment of Date of Coming Into Operation of Rent of Parcel Or Provisional Block



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