If you are a 2nd or 3rd generation business owner or if you’re a 1st generation business owner looking to hand over your legacy to the 2nd or 3rd generation of your family, then this articles will be helpful to you. Some necessary steps need to be taken, some risks must be considered and necessary […]
HOW TO PREPARE THE NEXT GENERATION TO RUN A FAMILY BUSINESS Read More »
There are several injunctions that are named after landmark case laws, each carrying specific legal principles and criteria. These are landmark cases from English common law, which heavily influences the Malaysian legal system. Here’s a fun way to remember each of them: MAREVA INJUNCTION (THE ICE SPELL) YOUR ULTIMATE FREEZE SPELL- Culminating from the decision
Conflicts of interest arise when a lawyer’s obligations to one client are at odds with their obligations to another client, their own interests, or legal and ethical standards. Here’s a more detailed explanation: • The conflict may arise because the lawyer has duties to another client that are incompatible with representing you, potentially leading to
CONFLICT OF INTEREST Read More »
This is Part 2 of and a follow up to my previous post on the topic “Mastering Employer Accountability in Third Party Harassment Cases”. The answer is rather opaque. Strictly speaking under the Employment Act, there are no express laws that govern third party harassment. That said, we cannot take the position that an employer
PART 2 -IS THE EMPLOYER LIABLE FOR HARASSMENT PERPETRATED BY A THIRD-PARTY? Read More »
There is no single legislation/statute that expressly deals with this issue, but we do have several laws that we must look at collectively (apart from common law) when addressing liabilities that arise for the company for example: 1) Employment Act 1955 and the Code of Practice on the Prevention and Eradication of Sexual Harassment in
PART 1- THIRD PARTY HARRASMENT AT THE WORKPLACE Read More »
Setting up and managing a private dental clinic is a multifaceted endeavour that requires careful planning especially when it comes to navigating its legal requirements. Whether you’re a seasoned healthcare professional venturing into independent practice or a newcomer to the field, understanding the legal aspects of maintaining a successful clinic is of paramount importance. This
INSIGHTS – LEGAL REQUIREMENTS FOR SETTING UP A CLINIC Read More »
WHAT IS PERJURY? In February of this year two-star witnesses (coincidentally brothers) were charged with multiple counts of perjury or giving contradictory statements in a corruption trial involving a political secretary. The statements made at trial were reportedly not in line with previous statements given to Malaysian Anti-Corruption Commission. Perjury is the act of lying
WHAT IS LIQUIDATED ASCERTAINED DAMAGES (LAD)? LAD is a pre-agreed sum of money that parties to a contract agree to pay in case of a breach of contract. This pre-agreed sum is meant to compensate the non-breaching party for losses that would be difficult to calculate and prove if the breach occurred. LAD clauses are
LIQUIDATED ASCERTAINED DAMAGES (LAD) IN MALAYSIA Read More »
INTRODUCTION Debt recovery is when one (Creditor) takes legal action to recover outstanding debts from individuals, enterprises, or other companies (Debtor) once there has been a breach in the terms of a contract or a refusal or delay on the debtor’s part in payment of the outstanding debts. Any action for debt recovery will include
DEBT RECOVERY IN MALAYSIA Read More »
A survey by the Women’s Aid Organisation (WAO) has found that most Malaysian women surveyed have experienced some form of sexual harassment at the workplace. The survey found that 62% of 1,010 women surveyed reported experiencing sexual harassment at the workplace and 56% of women have experienced workplace discrimination. WHY DOES YOUR COMPANY REQUIRE A
REVIEW HR POLICIES IN YOUR COMPANY Read More »
