Top 20 Most-Followed Malaysian Law Firms on LinkedIn: 2021

The Malaysian LawyerLeave a comment

In September 2019, we featured the Malaysian law firms active on LinkedIn. The list in 2019 covered less than 10 law firms.

Two years later, we have seen a big growth in the numbers and followers on Malaysian law firm LinkedIn pages. From a search across LinkedIn, we have seen close to 80 law firms with LinkedIn pages. There is also a large increase in the number of Malaysian lawyers starting their LinkedIn accounts. All these factors showcase the strength of LinkedIn as a networking and professional social network.

We feature below the top 20 most-followed Malaysian law firms for the year 2021. The numbers are as at 13 September 2021. Continue reading →

Employee poor performance: Some recent cases

Marcus van GeyzelLeave a comment

The proper management of under-performing employees is always a tricky proposition. While the law recognises poor performance as one of the reasons that would constitute “just cause” for dismissing an employee, many employers make mistakes which result in dismissed employees winning unfair dismissal claims. There have also been instances where employees have been able to walk out and claim that they have been constructively dismissed due to the employer putting them on a performance improvement plan (“PIP”).

There are many variables that will determine whether a poor performance termination was carried out fairly. It’s always useful for employers and decision-makers to review how other employers have managed under-performing employees. In this article, I briefly summarise the following recent cases related to PIPs and poor performance dismissals:

  1. Azura Norden v. Small Medium Enterprise Development Bank Malaysia Berhad (Award No. 94 of 2021).
  2. Charles Selvam Andrew Francis v. Kebabangan Petroleum Operating Company Sdn Bhd (Award No. 256 of 2021).
  3. Thomas Kuruvilla v. Malaysia Digital Economy Corporation Sdn Bhd (Award No. 151 of 2021).

These summaries will provide valuable insights on the issues the Industrial Court considers when assessing performance-related terminations.

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Case Update: No Oppression Remedy against Chairperson of General Meeting

Lee ShihLeave a comment

The High Court in Safari Alliance Sdn Bhd v Tan Lee Chin and others (grounds of judgment dated 25 August 2021) dealt with how a shareholder cannot maintain an oppression action against rulings made by the Chairperson at a general meeting. Such rulings do not amount to “affairs of the company” for oppression.

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HR Minister says employees could face fines or jail for refusing vaccinations. Is this legal?

Marcus van GeyzelLeave a comment

Malaysia’s Human Resources Minister M. Saravanan caused a stir late last week when he was widely reported (see Bernama, Malay Mail, The Star) as saying that action could be taken against employees who refuse to be vaccinated. While recognising that vaccinations have not been made mandatory under Malaysian law, Saravanan said that the authorities could take action under the Occupational Safety and Health Act 1994 (“OSHA”).

The legal position regarding mandating employee vaccinations has been widely-discussed in recent weeks, and I’ve previously shared my views on this blog (“Is it legal for Malaysian employers to make vaccinations mandatory for employees?”), as well as with the media (“Can Malaysian employers make Covid-19 vaccinations mandatory for their staff? Lawyers explain.”).

So what exactly does OSHA provide, and can the authorities really rely on OSHA to take action against employees who refuse to be vaccinated?

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Company Law Case Update: A Single Shareholder Can Request for a Company General Meeting

Lee ShihLeave a comment

The High Court in the Eka Noodles Berhad v Norhayati binti Tukiman (grounds of judgment dated 21 August 2021) decided that a single member of the company can put in the request for the directors to hold a company general meeting.

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Malaysian Law Blogs to Follow in 2021

The Malaysian LawyerLeave a comment

This article sets out a list of 21 active Malaysian law blogs as at 1 September 2021. A law blog would qualify for the list if there has been at least one post in the year 2021.

We look forward to seeing the Malaysian law blog community continue to grow here.

The blogs have been arranged in alphabetical order. Continue reading →