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  • CASE(S) HIGHLIGHT

  • DATUK SERI ANWAR IBRAHIM v. KERAJAAN MALAYSIA & ANOR
    FEDERAL COURT, PUTRAJAYA
    VERNON ONG LAM KIAT FCJ; ZALEHA YUSOF FCJ; ZABARIAH MOHD YUSOF FCJ;
    HASNAH MOHAMMED HASHIM FCJ; MARY LIM FCJ; HARMINDAR SINGH DHALIWAL FCJ; RHODZARIAH BUJANG FCJ
    [CIVIL APPEAL NO: 06(RS)-1-03-2019(W)]
    06 AUGUST 2021

    1. The courts, the apex court especially, must not be turned into an answering post or a debating club or an advisory bureau or made obliged to answer questions when there is no dispute or lis involved, and should certainly not be called upon to answer questions which are abstract, academic or hypothetical.

    2. The argument that the National Security Council Act 2016 (NSCA) was unconstitutional as its founding law, namely the Constitution (Amendment) Act 1983, the Constitution (Amendment) Act 1984 and the Constitution (Amendment) Act 1994 were unconstitutional for having removed the royal assent and violated the basic structure doctrine, and for further being inconsistent with art. 149 of the Federal Constitution, is bereft of any constitutional thrust or merit. Sections 12, 2 and 8 respectively of these amending Acts do not at all serve to remove royal assent, as a bill must still be presented to the King under art. 66(4) of the Federal Constitution for the purpose of royal assent. The Acts, in short, only sought to expedite the passing of laws and clarify and define the procedure involving the Yang di-Pertuan Agong in the law-making process. The trigger point in art. 149 cannot also be possibly satisfied as the NSCA was never meant to be enacted under that Article. Article 149 was meant to curb prescribed activities undertaken by 'a substantial body of persons' whereas the NSCA is much wider than that; the NSCA seeks to also cover other matters such as disasters and infectious diseases which undeniably could affect national security.

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  • ARTICLE HIGHLIGHT

    Trader sues UBS over stress induced mental health issues

    UK
    Employment
    UBS trader sues employer for ‘toxic’ London work environment and ‘punishing workload’
    A UBS Group trader is suing his employer claiming the “toxic” London work environment and “punishing workload” caused his mental health to deteriorate. Simon Rope, who has been unable to work since suffering a breakdown in 2018, is claiming upwards of £200,000 for negligence over an anxiety disorder which was caused by “the stress to which he was subjected in” the London office according to his lawyers. Documents filed at the High Court in February say that Rope’s stress symptoms first developed in 2016. By 2018 he was suffering from exhaustion after he was made responsible for trading around 3,500 different stocks along with three colleagues – a high workload for such a small team.

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  • Teacher unfairly dismissed after ‘locking’ pupil in ‘haunted’ cupboard

    UK
    Employment

    Teacher whose pupil lied about punishment wins claim for unfair dismissal
    A Blackburn teacher has won his employment tribunal claim for wrongful and unfair dismissal after a pupil lied about being locked in a cupboard as punishment for unruly behaviour. In January 2020 Mr Basit was teaching maths to a Year 9 class at Pleckgate High School when he asked “pupil A”, who was disengaged and appeared to be dozing, to stand at the back of the classroom. There was a large cupboard at the back and Basit made a comment to pupil A, a boy with hundreds of behaviour complaints against him and who enjoyed playing the “class clown”, which resulted in pupil A getting into the cupboard. He exited it a short time later. Unbeknown to Basit, pupil A and two others then made a complaint to the headteacher. Pupil B said Basit had forced A into the cupboard and statements were taken separately from each pupil. The three statements alleged a number of potentially unprofessional incidents, including Basit throwing a book, in class against the claimant relating to the afternoon in question and other occasions.

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  • Coronavirus: Cathay Pacific fires 'small number' of aircrew for not getting Covid-19 jabs

    Employment
    Airline had earlier started disciplinary proceedings against flight attendants and pilots who had refused to get vaccinated
    Cathay Pacific has fired a “small number” of aircrew for failing to get Covid-19 jabs without a valid medical reason, following through on an ultimatum to review the employment of pilots and flight attendants still unvaccinated by August 31. “Today we decided to part company with a small number of aircrew who had decided not to receive either of the two available Covid-19 vaccines and had not provided proof of medical exemption,” Hong Kong’s largest airline said in a statement on Wednesday. The carrier did not disclose the number of staff involved. The coronavirus pandemic had a huge impact on operations, and global border controls had dramatically reduced the company’s ability to operate with unvaccinated aircrew, it noted.

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  • Singapore's new Covid-19 workplace rules challenging, say business leaders

    Employment
    Some business leaders said that the rules could be disruptive, particularly in the face of a manpower crunch.
    Business leaders have expressed concerns over the new Covid-19 workplace management rules which, they say, could impact operations if fresh infections force their staff to work from home. Some said that the rules could be disruptive, particularly in the face of a manpower crunch. On Tuesday, the Ministry of Manpower issued an updated advisory on workplace management to curb the spread of Covid-19. Under the new guidelines, companies must implement a snap 14-day work-from-home (WFH) regimen if an employee tests positive for Covid-19 and was at the workplace in the last seven days. There will also be regular testing for staff who work onsite. While these new measures are needed to stem the rise of community cases, they will also take a toll on businesses, experts said. Singapore National Employers' Federation executive director Sim Gim Guan said: "The need to implement a snap 14-day WFH arrangement can be quite challenging because that is going to require a lot of communication, and could also be disruptive. So, companies and employees alike need to be a lot more agile and resilient."

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  • THAT HOME OFFICE MIGHT BE HERE TO STAY: WORKERS ARE FLEXING THEIR PANDEMIC-ERA RIGHT TO FLEXIBILITY

    Employment
    "Any attempt to ... be rigid with where people work or how they work, that’s actually a hindrance to continue to retain talent,” said one HR expert.
    After what could be two full years of working at home, there is a growing disconnect between employees reluctant to return to their desks and executives pushing to get them back — and that is exacerbating the challenges businesses are having attracting and keeping people in a white-hot labor market. While many companies are offering greater flexibility to compete for scarce talent, some HR experts worry this could lay the groundwork for retention problems in the future. “It’s a complicated problem, and it’s something companies are coming to terms with as this Covid crisis extends further and further,” said Andrew Challenger, vice president at the executive outplacement firm Challenger, Gray & Christmas. “For the most part of the last year, companies were saying we just have to get through this and it's going to be back to normal. And now that this feels endemic, they're saying if this is for the long haul, they have to think about what their company’s going to look like as a remote workforce.”

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (24 September 2021)
  • AKTA 50
    Akta Perubatan 1971
    ACT 50
    Medical Act 1971
  • Latest Revoked (09 September 2021)
  • PU(B) 101/2015
    Notification of Scale of Rates 2015



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