Forgot/Reset Password

 

    CASE(S) OF THE WEEK

  • PROJEK LEBUHRAYA USAHASAMA BHD v. SIN-KUNG LOGISTICS (KL) SDN BHD [2018] 2 CLJ 501
    HIGH COURT MALAYA, SHAH ALAM
    AKHTAR TAHIR J
    [WRIT NO: 22-334-2006]
    31 AUGUST 2017

    STATUTORY INTERPRETATION: Construction of statute - Intention of Parliament - Federal Roads (Private Management) Act 1984 - Whether Act intended to make only users of highway liable to pay tolls - Whether owners of vehicles vicariously liable for failure of employees/drivers to pay toll - Whether common law principle of vicarious liability could be imported into Act to make owners of vehicles liable

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

Secured By Global Sign