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CASE(S) HIGHLIGHT
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INNAB SALIL & ORS v. VERVE SUITES MONT' KIARA MANAGEMENT CORPORATION
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ; ROHANA YUSUF PCA; MOHD ZAWAWI SALLEH FCJ
[CIVIL APPEAL NO: 02(i)-74-10-2019(W)]
05 OCTOBER 2020
(1) The effect of a harmonious construction between s. 120 of the National Land Code and s. 70 of the Strata Management Act 2013 is that the grant of powers or rights by one particular provision in a law does not mean that such rights may not, at the same time, be restricted by other provisions of the law. Hence, the issuance of conditions and restrictions of use in a title of land by the State Authority does not preclude the management corporation of a residential strata building from promulgating further rules, regulations or by-laws for the purposes provided for by law.
(2) When there is no proof of exclusive possession on the part of short-term renters and there is no evidence to suggest that occupancy of the renters is intended to be a tenancy, the said arrangements are nothing more than mere licenses and does not amount in law to 'dealings' within the ambit of s. 70(5) of the Strata Management Act 2013.
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BEBE SAKIMAH MOHD ASROF v. PENDAFTAR HAKMILIK NEGERI PERAK
HIGH COURT MALAYA, IPOH
SU TIANG JOO JC
[ORIGINATING SUMMONS NO: AA-24NCVC-478-11-2019]
21 OCTOBER 2020
Not all Malay Reservation land is necessarily a Malay holding; it could also be a non-Malay holding. It is insufficient for the document of title of a piece of land to only be endorsed with 'Pengisytiharan Rezab Melayu' without the particulars of the land specified. Sections 6(i) and 2(a) of the Malay Reservation Enactment (FMS Cap. 142) ('MRE') provide three steps that must be complied with for a land to be declared, post the commencement of the MRE, a Malay holding. Under the proviso in s. 2(a), no interest shall be deemed to be a Malay holding until a requisition in the prescribed Form A in the First Schedule has been registered against the register document of title for such land.
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JUDICIAL QUOTES
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“The distinction between a tenancy and a licence is fundamental as a licence is merely a step above trespass in that it confers a right to the occupier to enter or remain on someone else's land or premises for consideration, without committing trespass. A tenancy or a lease on the other hand grants more than mere contractual rights because it confers certain other protections to the tenant under statute. For instance, under s. 221 of the NLC, a lease is a registrable interest and once registered, confers a right in rem to the lessee.” – per Tengku Maimun Tuan Mat CJ in Innab Salil & Ors v. Verve Suites Mont' Kiara Management Corporation [2020] 10 CLJ 285
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ARTICLE HIGHLIGHT
Employee who made Hitler meme awarded $200k
AUSTRALIA Employment
Organisations must be clear about what behaviour is or is not acceptable
The man took BP to the FWC for unfair dismissal and originally lost the case in September last year, after deputy president Melanie Binet sided with BP in finding the video was “inappropriate and offensive”.
The employee then appealed, insisting he had not intended to offend anyone and that the video was supposed to be “humorous”. He said that it did not identify BP or anyone specifically.
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Vacancies for rehiring programme, expatriates to go through MYFutureJobs effective Nov 1
EmploymentMYFutureJobs to be single platform for monitoring of job matching involving locals
Effective Nov 1, employers who wish to hire foreign workers through the re-hiring programme as well as apply for the recruitment of expatriates are required to advertise the vacancies first on the national employment portal, MYFutureJobs.
Human Resources Minister Datuk Seri M. Saravanan said the advertisement on vacancies at MYFutureJobs should not be less than 14 days for the re-hiring programme of foreign workers in the country and 30 days for the application of expatriates.
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Technician with arthritis, depression and anxiety awarded £117,000 after unfair dismissal
UKEmployment
Technician who was victim of disability discrimination awarded £117k
The tribunal ruled Mr D Walker, who worked as a technician at Old Swinford Hospital School from June 2014 until his dismissal in September 2017, was unfairly dismissed after the school decided he could no longer perform his role because of his disability.
It found that Old Swinford Hospital School did not apply or follow its own disciplinary policy throughout the dismissal of Walker. Judge Mark Butler said there was no investigatory meeting, warning or improvement plan in place to help Walker.
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Sukuk issuance seen recovering from COVID stress
GLOBALIslamic finance
Sukuk supply expected to increase
Global sukuk issuance volumes are expected to recover and reach last year’s levels in 2020 despite the unprecedented stress from the coronavirus pandemic, according to Fitch Ratings.
As market conditions further recover, sukuk supply is expected to increase with increased funding needs.
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Deliveroo dragged to court in unfair dismissal case that could have “significant ramifications” for the Aussie gig economy
AUSTRALIA Employment
Sacked rider's case is 'first of its kind' against Deliveroo
A rider for Deliveroo Australia is taking the food delivery giant to court today, in a Fair Work Commission unfair dismissal case.
A statement from the Transport Workers Union (TWU) suggests rider Diego Franco was sacked by Deliveroo in April, after three years working as a delivery rider and at the height of the COVID-19 pandemic.
TWU claims this caused financial hardship for him and his young family.
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