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    CASE(S) OF THE WEEK

  • JRI RESOURCES SDN BHD v. KUWAIT FINANCE HOUSE (MALAYSIA) BHD; PRESIDENT OF ASSOCIATION OF ISLAMIC BANKING INSTITUTIONS MALAYSIA & ANOR (INTERVENERS) [2019] 5 CLJ 569
    FEDERAL COURT, PUTRAJAYA
    RICHARD MALANJUM CJ, AHMAD MAAROP PCA, ZAHARAH IBRAHIM CJ (MALAYA),
    DAVID WONG DAK WAH CJ (SABAH & SARAWAK), RAMLY ALI FCJ, AZAHAR MOHAMED FCJ,
    ALIZATUL KHAIR OSMAN FCJ, MOHD ZAWAWI SALLEH FCJ, IDRUS HARUN FCJ
    [CIVIL APPEAL NO: 06(i)-06-07-2017(B)]
    10 APRIL 2019

    CONSTITUTIONAL LAW: Courts – Judicial power – Whether exercised in accordance with judicial process of the Judicature – Whether non-judicial personage could exercise judicial power – Whether Shariah Advisory Council ('SAC') has characteristics of judicial power – Whether vested only in persons appointed to hold judicial office – Whether ruling by SAC was solely confined to Shariah issue – Whether 'ascertainment' of Islamic law which results in a 'ruling' not a 'determination' which results in final decision – Whether 'take into consideration' in s. 56 of Central Bank of Malaysia Act 2009 implies that only court or arbitrator has exclusive judicial power to decide on case by applying the ruling of the SAC – Whether SAC usurps judicial power of court – Central Bank of Malaysia Act 2009, ss. 56 & 57 – Federal Constitution, arts. 8 & 74

    CONSTITUTIONAL LAW: Jurisdiction – Civil court – Matters pertaining to Islamic banking – Ascertainment of Islamic law for the purposes of Islamic financial business – Reference made to Shariah Advisory Council ('SAC') – Whether sole authority for ascertainment of Islamic law for purposes of Islamic financial business – Ruling of SAC under ss. 56 & 57 of Central Bank of Malaysia Act 2009 – Whether binding on court

    CONSTITUTIONAL LAW: Legislation – Validity and constitutionality – Matters pertaining to Islamic banking – Reference made to Shariah Advisory Council ('SAC') – Ruling of SAC under ss. 56 & 57 of Central Bank of Malaysia Act 2009 – Whether SAC did not 'determine' liability of borrower under Islamic facility – Whether 'ascertainment' of Islamic law by SAC results in a 'ruling' not a 'determination' which results in final decision – Whether binding on court – Whether ruling constitutionally valid – Central Bank of Malaysia Act 2009, ss. 56 & 57 – Federal Constitution, arts. 8 & 74

    CONSTITUTIONAL LAW: Supremacy of constitution – Doctrine of separation of powers – Exercise of judicial power – Establishment of Shariah Advisory Council ('SAC') – Whether sole authority for ascertainment of Islamic law for purposes of Islamic financial business – Whether SAC has characteristics of judicial power – Whether 'ascertainment' of Islamic law by SAC results in a 'ruling' and not a 'determination' which results in final decision – Whether ruling solely confined to Shariah issues – Whether SAC usurps judicial power of court – Central Bank of Malaysia Act 2009, ss. 56 & 57 – Federal Constitution, arts. 8 & 74

    BANKING: Bank and banking business – Islamic banking – Compliance with Shariah principles and rulings – Establishment of Shariah Advisory Council ('SAC') as Shariah supervisory board – Whether sole authority for ascertainment of Islamic law for purposes of Islamic financial business – Whether every Islamic financial institution required to observe advice from SAC – Whether ruling of SAC solely confined to Shariah issues – Whether ruling did not 'determine' liability of borrower under Islamic facility – Whether SAC's ruling binding on court – Central Bank of Malaysia Act 2009, ss. 56 & 57

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  • ARTICLE HIGHLIGHT

    Employee was unfairly dismissed after announcing pregnancy three weeks into new job

    UK
    Employment
    Expectant mum wins claims for unfair dismissal, pregnancy discrimination
    A pregnant office worker whose dignity was “violated” as a result of a “hostile, humiliating and offensive” work environment has won tribunal claims for unfair dismissal and pregnancy discrimination. The East London employment tribunal ruled that Eilise Walker was subjected to unfavourable treatment by her employer, Arco Environmental, and was made to feel “intimidated and degraded” because of the perceived inconvenience her pregnancy would cause the business.

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  • Uber drivers’ experience highlights the dead-end job prospects facing more Australian workers

    AUSTRALIA
    Employment
    Uber may be a step up for some, but the law must cover non-standard workers
    Across the world the proportion of people in “insecure” jobs is creeping upwards. Less than half of all Australian workers now have permanent full-time jobs. As the “gig-economy” grows, casuals and contractors without protections such as paid leave and job security may become the new normal. So too may be the experiences of those who end up driving for Uber.

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  • RM2.5mil for unjust dismissal

    Employment
    Ex-COO/director of Konsortium Transnasional awarded RM2.5 million for unjust dismissal
    A former chief operating officer and executive di­­rec­tor of Konsortium Transna­sional Bhd has been awarded nearly RM2.5mil for unjust dismis­sal. The amount is believed to be one of the highest in recent times for backwages and compensation in lieu of reinstatement. Apart from this sum, the company is to pay another RM442,000 for Employees Provident Fund contribution. Industrial Court chairman Fred­rick Indran XA Nicholas ordered that the amount be paid to Tengku Mohd Hasmadi Tengku Hashim within the next six weeks.

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  • Cafe ordered to pay $1,676 after deal with Instagram influencer ends in tears

    AUSTRALIA
    Social media
    Café ordered to pay Instagram influencer A$1,600
    Businesses are being advised to draw up iron-clad contracts with Instagram influencers after a Melbourne-based cafe was ordered to pay $1,676 over a social media stoush. In a case of our times, last week the Victorian Civil and Administrative Tribunal (VCAT) heard a dispute between Melbourne-based cafe Legacy and Instagram influencer Chloe Roberts over social media advertising.

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  • Uber drivers are contractors, not employees, U.S. labor agency says

    US
    EMPLOYMENT
    Uber drivers not employees under federal labour law
    Drivers for ride-hailing company Uber Technologies Inc are independent contractors and not employees, the general counsel of a U.S. labor agency has concluded, in an advisory memo that is likely to carry significant weight in a pending case against the company and could prevent drivers from joining a union.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (31 May 2019)
  • PU(A) 27/2019
    Malaysian Biofuel Industry (Blending Percentage and Mandatory Use) Regulations 2019
  • Latest Revoked (31 May 2019)
  • PU(A) 125/2018
    Ministers of the Federal Government Order 2018
    PU(A) 144/2016
    Customs (Anti-Dumping Duties) (No. 2) Order 2016




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