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CASE(S) HIGHLIGHT
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

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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Gig economy under the microscope as former Deliveroo driver takes company to Fair Work Commission for unfair dismissal

AUSTRALIA
Employment
Federal intervention might be only way to change state of play for workers in gig economy
The debate over whether food delivery drivers deserve employee rights has once again entered the courts with a former Deliveroo driver taking the company to the Fair Work Commission to argue he was unfairly dismissed. The case is the first of its kind in Australia against Deliveroo and could see a judge rule that a Deliveroo delivery driver is an employee, rather than a contractor. Ever since rideshare and food delivery apps launched in Australia, the legalities of the gig economy have been under the microscope.

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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

US
Copyright
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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