Malaysia Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Malaysia
September 28, 2016 By Donovan & Ho Advocates and Solicitors
Can you terminate an employee for sleeping on the job?
While many people may be familiar with the term "unfair dismissal" or "wrongful termination", the concept of unfair dismissal in Malaysia not as straightforward as it appears. This article hopes to address some of the more frequently asked questions about the law and procedure relating to unfair dismissal claims in Malaysia.
There is always the beginning and the end. Upon being appointed as directors, many of these directors may not be aware of the requisite notice period of resignation from their high office.
An oft-repeated business mantra is “be slow to hire and quick to fire”. Unfortunately, what many managers do not realise is that a “quick to fire” approach also carries significant risks, especially in Malaysia, which does not adopt the principle of “at-will” employment. Trigger happy employers may soon find themselves at the wrong end of a lawsuit if they don’t take the appropriate steps and precautions prior to making the decision to terminate an employee.
Abuse of sick leave entitlements is not a new issue in Malaysia. Employers and employees alike should ensure they are fully educated on the laws surrounding sick leave entitlements.
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.
Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.
A basic insight into the laws of technology and communications in Malaysia.
An insight for the unfortunate whose relatives were traveling on MH370.
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.
A basic insight into Arbitration practices and procedures and how Malaysia is slowly yet steadily following international guidelines on Arbitration.
Contracting in sensitive Muslim countries where western culture may not be well perceived may create legal obligations and precedents which must be strictly adhered to to prevent contractual breaches. A Malaysian perspective.
"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking at the company's behest. The article is a brief on who a "Director" is and the duties that comes with the name.
At time it is customary to assume that when you crash into the car in front of you, the fault is all yours to take. That may not always be the case, and here is why.
Generally speaking, you are not the owner of the group insurance policy that your company states you are covered under. Here is an overview on how to go about a group insurance policy claim.
A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?
You met with a motor accident, and your medical expanses were covered by insurance. Are you entitled to claim from the wrongdoer as well? The answer would appear to be a resounding yes, but it is not so simple...
Shipping is a global business which involves many parties in day to day running of the business. It involves ship owners, ship management companies, agents and crew. Every ship that sails around the world has an Owner and in most cases ship management is entrusted to another company.
If Malaysia has always been viewed as a more economical jurisdiction for Ship Arrest in the South East Asia region, then (with this new amendment) we would likely see a sudden growth of Admiralty cases in Malaysia. In any maritime dispute, obtaining security for a claim is undeniably of high priority. Where a ship is arrested and judicially sold, the proceeds are used to pay off the claimants.
Malaysia is gearing up to position themselves as an alternative choice for maritime dispute resolution in Asia. On 27th February 2012, the Chief Justice of Malaysia launched the Fast Track Arbitration Rules (2nd ed) 2012. The CJ was invited by the Kuala Lumpur Regional Centre for Arbitration to launch the Fast Track Rules as part of the Centre’s initiative to promote Malaysia as a venue for dispute resolution.
MIFF Sdn. Bhd. v Kuala Lumpur & Selangor Furniture Entrepreneur Association and Ors  MLJU 1216. The Plaintiff is involved in providing services relating to the organizing and holding of exhibitions, trade fairs and shows in the furniture industry by reference to the name MIFF. MIFF is registered as a trademark since 9 March 2000 in Class 35 for aforesaid services in general.
Intellectual Property: Traditional Concept of Confusion Applied to Protect Geographical Indication - Malaysia
The Agricultural and Processed Food Products Export Development Authority of India (APEDA) & Ors v Syarikat Faiza Sdn Bhd  2 MLJ 768.
The following is the list of promoted activities and products for high technology companies which are eligible for consideration of Pioneer Status or Investment Tax Allowance under the Promotion of Investment Act 1986.
Foreign investor manufacturing license application – Malaysian government’s guidelines requirement.
Manufacturing license application - Eligibility and statutory requirement.
Malaysia welcomes foreign investments, particularly in the manufacturing sector, and does not discriminate against investors from any country.
A Representative Office of a foreign company is an office which is established in Malaysia to perform permissible activities for its head office.
With effect from 1 January 2010, the minimum value of foreign acquisition of a residential property is now set at RM500,00.
Malaysian Companies Act 1965 provides that a Malaysian company shall have at least two directors, each having his principal or only place of residence within Malaysia.
Bizarre judgment by the High Court likely to affect marine hull underwriting business in Sarawak.
Heralding a new era in the Nation's Maritime sector.
Danone Biscuits Manufacturing (M) Sdn Bhd v Hwa Tai Industries Bhd  8 MLJ 500, High Court. The plaintiff, Danone Biscuits Manufacturing (M) Sdn. Bhd. has been manufacturing and distributing ChipsMore chocolate chip cookies in Malaysia since 1990. The defendant, Hwa Tai Industries Bhd, is another manufacturer of chocolate chip cookies bearing the trademark ChipsPlus.
Lockheed Martin Corp v Raytheon Co  7 MLJ 624
The Malaysian Competition Act 2010 has been gazetted on 10 June 2010 and is expected to be implemented in January 2012.
It is therefore important for parties entering into contracts and agreements to seriously consider the implied and express conditions/term of the contract or the agreement.
The archaic term “servants” in Clause 4.3 of ICC 1982 has been replaced with the term “employees” in Clause 4.3 of ICC 2009".
The legal question that arose here was, whether the service on the master was in compliance with the governing law and the answer is simply 'No'.
1. McLaren International Limited v Lim Yat Meen  1 AMR 243 CA; 8 June 2009 (unreported), Federal Court 2. UBS AG v UBS Corporation Sdn Bhd  4 MLJ 93
McCurry Restaurant (KL) Sdn Bhd v. McDonald’s Corporation  3 MLJ 774, Malaysia Court of Appeal
In a nutshell Legal Knowledge Management (LKM) refers to - the collection, organization, dissemination, and reuse of knowledge contained natively within documents and individuals’ minds. The term specifically includes the development of standard forms, tools, and templates to streamline the delivery of service. This definition is quoted from the LKM White Paper One entitled: “Legal Knowledge Management A Holistic Model” dated April 2003.
The contents of this article although not exhaustive will serve as a basic guide to any lay person in asking the right questions and to an extent, making the right decision when purchasing a property in a gated and guarded housing scheme.