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    CASE(S) OF THE WEEK

  • KAMIL AZMAN ABDUL RAZAK & ORS v. AMANAH RAYA BHD & ORS [2019] 6 CLJ 419
    FEDERAL COURT, PUTRAJAYA
    RAMLY ALI FCJ, ZAHARAH IBRAHIM FCJ, ALIZATUL KHAIR OSMAN FCJ,
    ROHANA YUSUF FCJ, MOHD ZAWAWI SALLEH FCJ
    [CIVIL APPEAL NO: 02(f)-110-10-2017(W)]
    30 APRIL 2019

    CIVIL PROCEDURE: Judgments and orders – Consent judgment – Performance of clauses – Whether performance of one condition subject to pre-condition – Whether court entitled to release one party of its obligation without releasing other party – Whether ss. 53 and 55 of Contracts Act 1950 applicable

    CIVIL PROCEDURE: Judgments and orders – Consent judgment – Variation, setting aside or nullifying valid consent order – Payment of loan facilities – Claim for – Whether there was pre-condition to repayment of loan sums – Whether repayment of loans conditional upon parties entering into joint venture agreement – One party refuses to perform an agreement – Whether counter party may treat himself as discharged – Whether obligation of one party under a clause could be discharged on good reasons – Whether court could release one party from performing a clause of consent judgment – Whether court could set aside or nullify part of valid consent order

    TRUSTS: Constructive trust – Property – Purchase of – Property purchased for sole purpose of joint venture – Non-materialisation of joint venture – Whether property purchased held in constructive trust for both parties – Claim for refund of purchase consideration – Whether parties ordered to make refunds of purchase consideration – Whether principles of constructive trust applicable

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  • ARTICLE HIGHLIGHT

    Supermarket worker was unfairly dismissed over inappropriate messages to 17-year-old colleague

    UK
    Employment
    Tesco employee unfairly dismissed
    A supermarket worker was unfairly dismissed after managers carried out a flawed investigation into ‘inappropriate’ messages he sent to a 17-year-old colleague, a Scottish tribunal has ruled. The Dundee tribunal said various Tesco managers failed to carry out a fair investigation into comments the worker, who was referred to as S in court documents, made towards a younger co-worker on Facebook, as well as a subsequent comment made in person. S was 39 at the time.

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  • June’s top five employment law cases

    UK
    Employment
    Five most read tribunals of last month
    People Management takes a look at the five most read tribunals of last month
    1. Railway worker who lowered crossing barrier onto car was not unfairly dismissed
    A railway crossing keeper was fairly sacked after he admitted bumping a car with a crossing barrier to “teach its driver a lesson”, a south London employment tribunal (ET) ruled. Mr A McKay worked for Network Rail as a crossing keeper from May 2005 until he was dismissed on 12 January 2018 following allegations of gross misconduct after the incident involving a car he felt had failed to respect warning alarms. McKay brought claims of unfair dismissal to the ET, however Judge Katherine Andrews ruled in favour of Network Rail, saying it had reasonable grounds to dismiss McKay and carried out a fair investigation.

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  • Caster Semenya able to run medication-free for now as Swiss court floors IAAF

    EUROPE
    Sport
    Olympic 800m champion cleared to race in events of all distances 
    Caster Semenya is once again free to run the 800m without having to take medication – at least for the time being – after the Swiss supreme federal court ordered the IAAF to suspend its testosterone regulations for her with immediate effect. The surprise news – which completely blindsided athletics’ governing body – means that the Olympic champion can compete in distances ranging from 400m to a mile without medication until at least 25 June. However, for now it applies only to the South African and not other athletes with differences in sexual development (DSD).

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  • As privacy is lost a fingerprint at a time, a biometric rebel asserts our rights

    AUSTRALIA
    Privacy
    There needs to be clear boundaries on use of biometric data
    In Back to the Future II (1989), fingerprints are used to lock and unlock doors. It’s a benign technology, apart from the rise of “thumb bandits” who amputate thumbs. Gattaca (1997) envisages a bleaker future, where corporations collect DNA samples and genetic discrimination reigns. Three decades on, “biometric recognition” technology is no longer science fiction. Should we embrace it or fear it?

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  • Why forcing an employee to resign won’t protect you from unfair dismissal

    AUSTRALIA
    Employment
    Negotiated resignation won't always protect employer from subsequent claims of unfair dismissal
    The way in which an employee’s employment is finalised could have a significant bearing on that employee’s entitlement to make certain claims, such as unfair dismissal. When faced with claims of unfair dismissal, one of the jurisdictional objections available is that the termination was not at the initiative of the employer (i.e. the employee resigned). The question of the employer’s initiative becomes murky where the resignation is given in response to the employer saying – “You should resign. We are going to fire you if you don’t.”

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (08 July 2019)
  • ACT 254
    Limitation Act 1953 (Revised 1981)
    ACT 67
    Civil Law Act 1956 (Revised 1972)
  • Latest Revoked (11 July 2019)
  • PU(A) 128/1999
    Income Tax (Allowance For Increased Exports) Rules 1999
    PU(A) 158/2005
    Income Tax (Exemption) (No. 17) Order 2005




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