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CASE(S) HIGHLIGHT
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LAI KING LUNG & ANOR v. MERAIS SDN BHD
FEDERAL COURT, PUTRAJAYA
MOHD ZAWAWI SALLEH FCJ; VERNON ONG LAM KIAT FCJ; ABDUL RAHMAN SEBLI FCJ; ZALEHA YUSOF FCJ; ZABARIAH MOHD YUSOF FCJ
[CIVIL APPEAL NO: 02(i)-4-01-2019(B)]
20 JULY 2020
An official receiver or a liquidator of a wound-up company does not have the power nor the authority to grant any sanction retrospectively to the company under receivership or liquidation to proceed with any litigation; a wound up company is thus not clothed with the necessary locus standi to proceed with an appeal or a proceeding without nunc pro tunc leave having first been obtained from the court.
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RAJENDIRAN MANICKAM & ANOR v. PALMAMIDE SDN BHD & ANOR
COURT OF APPEAL, PUTRAJAYA
HASNAH MOHAMMED HASHIM JCA; KAMALUDIN MD SAID JCA; LEE SWEE SENG JCA
[CIVIL APPEAL NO: B-04(IM)(C)-82-02-2019]
07 JULY 2020
An employee who is injured in the course of his employment in a workplace may, after filing a claim under the Employees Social Security Act 1969, file another claim under common law against the employer under the tort of negligence, breach of statutory duties or occupier's liability as the case may be in respect of the injury suffered. An employee's claim for damages for such tortious acts, even when inextricably linked to the issue of whether the employee could as well pursue a claim for aggravated and exemplary damages for gross negligence against the employer, ought not to be struck out in limine or summarily under O. 18 r. 19 Rules of Court 2012. Aggravated damages may be awarded in a case where there is aggravating conduct or circumstances in the negligent act committed by an employer, such as where it resulted in the employer profiting at the expense of the safety of its employee, and a claim for same, therefore, cannot be said to be so obviously unsustainable as to attract the invocation of the summary striking out provision.
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ARTICLE HIGHLIGHT
Supreme Court ruling forces Japan Post to rewrite contracts
ASIA Employment
Japan's top court rules fixed-term employees at Japan Post entitled to allowances and paid leave
The Supreme Court sided with nonregular workers at Japan Post Co. by ruling Oct. 15 they are entitled to allowances and paid leave that regular workers take for granted.
The decision could have widespread ramifications for Japan Post because 184,000 or so of its 380,000-strong workforce are on fixed-term contracts.
The ruling covered appeals stemming from three lawsuits submitted by Japan Post contract workers who sought allowances and paid leave on a par with regular employees. The First Petty Bench of the Supreme Court ruled on five issues, such as allowances for dependents and paid leave during the winter and summer vacations and decreed that nonregular workers were entitled to them.
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U.S. lawmakers detail Big Tech's market abuses and press for strict reform
US
Panel recommends Amazon, Apple, Facebook and Google be restructured, reforms to antitrust law
A U.S. House of Representatives panel looking into abuses of market power by four big technology companies found they used “killer acquisitions” to smite rivals, charged exorbitant fees and forced small businesses into “oppressive” contracts in the name of profit. The antitrust subcommittee of the Judiciary Committee recommended that Alphabet Inc's GOOGL.O Google, Apple Inc AAPL.O, Amazon.com AMZN.O and Facebook FB.O - with a combined market value of over $5 trillion - should not both control and compete in related businesses.
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The Supreme Court hears Oracle v. Google tomorrow—here’s what’s at stake
USCopyright
Decade-old Oracle-Google tussle over software rights moves to Supreme Court
On Wednesday, the Supreme Court will hear oral arguments in one of the decade's most significant software copyright decisions: the 2018 ruling by an appeals court that Google infringed Oracle's copyrights when Google created an independent implementation of the Java programming language. More broadly, the case could decide the copyright status of application-programming interfaces, with huge implications for the software industry.
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England’s hospitality bosses to bring legal challenge to government covid lockdowns
UK Hospitality
Industry mounts legal challenge to lockdown restrictions
Business leaders are mounting a legal challenge to the government’s lockdown restrictions, which they say have decimated the hospitality industry.
The challenge to the legality of emergency legislation is due to be handed to Downing Street on Monday as swathes of the country prepared for stricter lockdown rules.
Boris Johnson has come under increasing pressure to act after Scotland announced fresh restrictions on the hospitality sector. Ministers are planning to outline a new three-tiered system of restrictions, with measures expected to force pubs and restaurants to shut across the north of England.
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Ousted Oxford professor reinstated and awarded £30k
UK Employment
Oxford University don wins landmark age discrimination battle, awarded £30k in compensation
An Oxford University professor who was forced to leave his job under a retirement age policy is to have his position reinstated and has been awarded almost £30,000 in compensation.
Professor Paul Ewart, who was head of atomic and laser physics at Oxford’s Clarendon Laboratory, was forced out of his job in September 2017 at age 69 under a policy designed to bring younger staff into posts. In 2017, the university changed its retirement age from 67 to 68. The Reading employment tribunal last year ruled Prof Ewart’s dismissal as unlawful and said the university’s Employer Justified Retirement Age (EJRA) policy was “highly discriminatory”.
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