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Partner | Industrial Relations & Dispute Resolution | Zul Rafique & Partners
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Reported Judgements
Sathasivam Muthusamy v. Tenaga Nasional Berhad & Anor [2024] 2 MELR 568
Sathasivam Muthusamy v. Tenaga Nasional Berhad & Anor [2024] 2 MELR 568
Sasikumar Paramasivam v. United Overseas Bank (Malaysia) Bhd [2024] 2 MELR 584
Sasikumar Paramasivam v. United Overseas Bank (Malaysia) Bhd [2024] 2 MELR 584
Case Updates
Case Update: Standing Firm on Integrity: Industrial Court Upholds Dismissal by PETRONAS Over Conflict and Corruption Breaches
Case Update: Standing Firm on Integrity: Industrial Court Upholds Dismissal by PETRONAS Over Conflict and Corruption Breaches
Case Update: High Court affirms the correct mode of appeal for decisions of the Social Security Appellate Board
Case Update: High Court affirms the correct mode of appeal for decisions of the Social Security Appellate Board
Case Update: Insurance Misconduct Shakes Trust: Dismissal Upheld by Court
Case Update: Insurance Misconduct Shakes Trust: Dismissal Upheld by Court
Case Update: Beyond Physical Contact: Court's Firm Stance on Verbal and Gestural Harassment
Case Update: Beyond Physical Contact: Court's Firm Stance on Verbal and Gestural Harassment
Case Update: Shattered Trust: Industrial Court upholds dismissal of Senior Employee for Conflict of Interests involving Vendors of the Company
Case Update: Shattered Trust: Industrial Court upholds dismissal of Senior Employee for Conflict of Interests involving Vendors of the Company
Case Update: Court of Appeal affirms that the Industrial Court is the correct forum for compensation for wrongful dismissal
Case Update: Court of Appeal affirms that the Industrial Court is the correct forum for compensation for wrongful dismissal
Case Update - Banking on Trust: Navigating an Employee’s Misappropriation of Cash
Case Update - Banking on Trust: Navigating an Employee’s Misappropriation of Cash
Case Update - Balancing Act: How to take disciplinary action for insubordination where employee may have mental fitness issues
Case Update - Balancing Act: How to take disciplinary action for insubordination where employee may have mental fitness issues
Case Update: Out of Bounds - Employee Dismissed for Attending Golf Trip
Case Update: Out of Bounds - Employee Dismissed for Attending Golf Trip
Case Update - Industrial Court clarifies the "Intention of the Parties" principle in the law of Genuine Fixed Term Contract
Case Update - Industrial Court clarifies the "Intention of the Parties" principle in the law of Genuine Fixed Term Contract
Case Update - Industrial Court upheld dismissal of 3 Employees for Breach of Company's safety procedures causing death
Case Update - Industrial Court upheld dismissal of 3 Employees for Breach of Company's safety procedures causing death
Case Update - Zul Rafique & Partners succeeds in upholding Industrial Court award for dismissal of employee with 36 years of service based on a single misconduct
Case Update - Zul Rafique & Partners succeeds in upholding Industrial Court award for dismissal of employee with 36 years of service based on a single misconduct
Case Update - Industrial Court rules that a Graduate Training Programme is not an Employment Contract.
Case Update - Industrial Court rules that a Graduate Training Programme is not an Employment Contract.
Case Update: First Officer Pilot dismissed for calling in sick last minute
Case Update: First Officer Pilot dismissed for calling in sick last minute
Case Update: Sorry, Out of Time! : Leave application for Judicial Review was dismissed due to inordinate delay in filing the application & Ignorance of the Law is Not an Acceptable Reason
Case Update: Sorry, Out of Time! : Leave application for Judicial Review was dismissed due to inordinate delay in filing the application & Ignorance of the Law is Not an Acceptable Reason
Case Update - China Employee Lawfully retired at 55 years old under China staff policy instead of 60 years old under Malaysian Retirement Law
Case Update - China Employee Lawfully retired at 55 years old under China staff policy instead of 60 years old under Malaysian Retirement Law
Case Update - Zul Rafique & Partners' succeeds in upholding Industrial Court award for dismissal of Employee found guilty of Workplace Bullying
Case Update - Zul Rafique & Partners' succeeds in upholding Industrial Court award for dismissal of Employee found guilty of Workplace Bullying
Case Update: Industrial Court restate the law on Forced Resignation
Case Update: Industrial Court restate the law on Forced Resignation
Case Update - Industrial Court upheld dismissal of an employee with 39 years’ service who betrayed trust, honesty and integrity
Case Update - Industrial Court upheld dismissal of an employee with 39 years’ service who betrayed trust, honesty and integrity
Case Update - Zul Rafique & Partners succeeds in a claim of constructive dismissal for non-payment of salary
Case Update - Zul Rafique & Partners succeeds in a claim of constructive dismissal for non-payment of salary
Case Update - Zul Rafique & Partners succeeds in High Court ruling that Industrial Court has no jurisdiction to order Notice Pay
Case Update - Zul Rafique & Partners succeeds in High Court ruling that Industrial Court has no jurisdiction to order Notice Pay
Case Update - Zul Rafique & Partners successfully represents Tenaga Nasional Berhad against an appeal filed in the Court of Appeal
Case Update - Zul Rafique & Partners successfully represents Tenaga Nasional Berhad against an appeal filed in the Court of Appeal
Case Update - Court of Appeal affirms that Industrial Court has no jurisdiction to order notice pay
Case Update - Court of Appeal affirms that Industrial Court has no jurisdiction to order notice pay
Case Update - Judicial Review proceedings cannot be used as a cloak for what is in essence an Appeal
Case Update - Judicial Review proceedings cannot be used as a cloak for what is in essence an Appeal
Case Update - Inconvenience and Hardship from transfer order do no justify constructive dismissal claim
Case Update - Inconvenience and Hardship from transfer order do no justify constructive dismissal claim
Case Update - Industrial Court upheld genuine fixed term contract
Case Update - Industrial Court upheld genuine fixed term contract
Case Update - Branch Manager dismissed after instructing his 3 subordinates to open preferred account using his own funds
Case Update - Branch Manager dismissed after instructing his 3 subordinates to open preferred account using his own funds
Case Update - Employer sued for dismissing the electrician who made illegal side income
Case Update - Employer sued for dismissing the electrician who made illegal side income
Case Update - You can be dismissed for what you post online
Case Update - You can be dismissed for what you post online
Case Update - Temporarily misappropriating company's fund can warrant a dismissal
Case Update - Temporarily misappropriating company's fund can warrant a dismissal
Case Update - Industrial Court upheld dismissal of cashier who delayed depositing company's collections
Case Update - Industrial Court upheld dismissal of cashier who delayed depositing company's collections
Case Update - Constructive Dismissal claim by an employee alleging work stress depression
Case Update - Constructive Dismissal claim by an employee alleging work stress depression
Case Update - Lawful dismissal of Employee who showed disrespect by exiting whatsapp group at work
Case Update - Lawful dismissal of Employee who showed disrespect by exiting whatsapp group at work
Case Update - Fixed Term contract of expatriate expired by effluxion off time - no issue of dismissal
Case Update - Fixed Term contract of expatriate expired by effluxion off time - no issue of dismissal
Case Update - Fair dismissal after 21 years of service with no previous record of misconduct
Case Update - Fair dismissal after 21 years of service with no previous record of misconduct
Articles
Article - Court Clips Union’s Wings Over Zero Membership
Article - Court Clips Union’s Wings Over Zero Membership
Article - Industrial Court Issues Cease and Desist Order to Preserve Integrity of Proceedings
Article - Industrial Court Issues Cease and Desist Order to Preserve Integrity of Proceedings
Article - Offboarding Risk - High Court Affirms Contractual and Confidentiality Obligations
Article - Offboarding Risk - High Court Affirms Contractual and Confidentiality Obligations
Article - Appeal Against a Labour Court Decision - Order 55 or Order 55A of the Rules of Court 2012
Article - Appeal Against a Labour Court Decision - Order 55 or Order 55A of the Rules of Court 2012
Article: Bankrupt Employees' Right to Pursue Industrial Court Claims without DGI Sanction
Article: Bankrupt Employees' Right to Pursue Industrial Court Claims without DGI Sanction
Article - Time Limit for Judicial Review: When does time start to run?
Article - Time Limit for Judicial Review: When does time start to run?
Article - Best Practices for Navigating Change with a New Industrial Court Chairman
Article - Best Practices for Navigating Change with a New Industrial Court Chairman
Article - Occupational Safety and Health (Amendment) Act 2022
Article - Occupational Safety and Health (Amendment) Act 2022
Article - Changes in the Malaysian Employment Law Landscape [Corporate LiveWire Labour and Employment Law Guide 2023]
Article - Changes in the Malaysian Employment Law Landscape [Corporate LiveWire Labour and Employment Law Guide 2023]
Article - The mode to challenge an Industrial Court Award: Appeal or Judicial Review
Article - The mode to challenge an Industrial Court Award: Appeal or Judicial Review
Article: You Can't Touch this: Principle of Restrictive Doctrine of Sovereign Immunity in an Employment Dispute
Article: You Can't Touch this: Principle of Restrictive Doctrine of Sovereign Immunity in an Employment Dispute
Article - The Voices of the Exploited: Undocumented Migrant Workers’ Right to File a Claim in Labour Court
Article - The Voices of the Exploited: Undocumented Migrant Workers’ Right to File a Claim in Labour Court
Article - Lorry Drivers – Independent Contractors or Employees?
Article - Lorry Drivers – Independent Contractors or Employees?
Article - Court of Appeal upheld dismissal of Employee Due to Insubordination when exiting the Company's WhatsApp Group in defiance of Supervisor's instructions
Article - Court of Appeal upheld dismissal of Employee Due to Insubordination when exiting the Company's WhatsApp Group in defiance of Supervisor's instructions
Article - Industrial Court reinforces the Law on Frustration of Contract due to Employee's Absence from Work
Article - Industrial Court reinforces the Law on Frustration of Contract due to Employee's Absence from Work
Article - Dismissing Working Mother for refusing to Work Specific Shifts - Indirectly Discriminatory and Unfair?
Article - Dismissing Working Mother for refusing to Work Specific Shifts - Indirectly Discriminatory and Unfair?
Article: Fixed-Term Contracts and the Liability of Companies as a group
Article: Fixed-Term Contracts and the Liability of Companies as a group
Infographics / Updates
Appellate Court Stresses Obligation to Refer Dismissals to Industrial Court When DGIR Fails to Resolve
Appellate Court Stresses Obligation to Refer Dismissals to Industrial Court When DGIR Fails to Resolve
Infographics - Overtime Pay under the 2022 Amendment - Employment Act 1965
Infographics - Overtime Pay under the 2022 Amendment - Employment Act 1965
Infographics - Employment (Amendment of First Schedule) Order 2022
Infographics - Employment (Amendment of First Schedule) Order 2022
Infographics - Employment Insurance System (Amendment) Act 2022
Infographics - Employment Insurance System (Amendment) Act 2022
Infographics - Employees’ Social Security (Amendment) Act 2022
Infographics - Employees’ Social Security (Amendment) Act 2022
Infographics - 15th General Election: Public Holiday on the 18th & 19th of November 2022
Infographics - 15th General Election: Public Holiday on the 18th & 19th of November 2022
Infographics - Industrial Relations (Amendment) Act 2020: Key Features
Infographics - Industrial Relations (Amendment) Act 2020: Key Features
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