Donovan & Ho, Advocates & Solicitors https://dnh.com.my Malaysian Law Firm | Professional Legal Services Mon, 29 Aug 2022 11:00:18 +0000 en-US hourly 1 https://wordpress.org/?v=5.8.5 https://dnh.com.my/wp-content/uploads/2016/09/DNHFavIcon.png Donovan & Ho, Advocates & Solicitors https://dnh.com.my 32 32 Update: Employment Act Will Cover All Employees Effective 1 January 2023 (With Some Exceptions) https://dnh.com.my/update-employment-act-will-cover-all-employees-effective-1-january-2023-with-some-exceptions/ Mon, 29 Aug 2022 10:22:11 +0000 https://dnh.com.my/?p=10239 UPDATE: EMPLOYMENT ACT WILL COVER ALL EMPLOYEES EFFECTIVE 1 JANUARY 2023 (WITH SOME EXCEPTIONS)

Update: Employment Act Will Cover All Employees Effective 1 January 2023 (With Some Exceptions) The amendments to the First Schedule of the Employment Act 1955 (“EA”) were gazetted on 15 August 2022, which widens the scope of employees covered by the EA. Initially, this was to be implemented effective 1 September 2022. However, the Minister […]

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Case Spotlight: Poaching Employees https://dnh.com.my/case-spotlight-poaching-employees/ Wed, 10 Aug 2022 10:56:27 +0000 https://dnh.com.my/?p=10191 Case Spotlight: Poaching Employees

Case Spotlight: Poaching Employees We often see scenarios where an ex-employee tries to persuade his former colleagues to resign and join them in a new company. Such conduct can be considered as “poaching”, or soliciting employees to leave their employer to join a competitor. Can an employer sue their former employees for poaching?  This issue […]

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Case Spotlight: Foreign Embassies Not Automatically Immune To Unfair Dismissal Claims https://dnh.com.my/case-spotlight-foreign-embassies-not-automatically-immune-to-unfair-dismissal-claims/ Fri, 29 Jul 2022 08:15:19 +0000 https://dnh.com.my/?p=10153 Case Spotlight: Foreign Embassies Not Automatically Immune To Unfair Dismissal Claims

Case Spotlight: Foreign Embassies Not Automatically Immune To Unfair Dismissal Claims Generally, a foreign sovereign or state cannot commit a legal wrong and is immune from civil suits or criminal prosecution. This protection is commonly known as “sovereign immunity”.  In Malaysia, the courts have adopted the “restrictive” sovereign immunity approach, whereby a foreign state can […]

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Introduction to Intergovernmental Organizations  https://dnh.com.my/introduction-to-intergovernmental-organizations/ Mon, 25 Jul 2022 06:57:24 +0000 https://dnh.com.my/?p=10138 Introduction to Intergovernmental Organizations 

Introduction to Intergovernmental Organizations  What is an intergovernmental organization (“IGO”)?  Also known as ‘international organization’, IGOs are organizations/entities established among sovereign nations at the government level (referred to as “member states”) through the conclusion of a treaty between member states.  Even though the term may not be as well-known as non-governmental organizations (NGOs), some IGOs […]

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Anti-Sexual Harassment Bill passed by Dewan Rakyat https://dnh.com.my/anti-sexual-harassment-bill-passed-by-dewan-rakyat/ Fri, 22 Jul 2022 04:40:06 +0000 https://dnh.com.my/?p=10132 Anti-Sexual Harassment Bill passed by Dewan Rakyat

Anti-Sexual Harassment Bill passed by Dewan Rakyat The Second and Third Reading of the Anti-Sexual Harassment Bill 2021 took place on 19 July 2022, and was passed by the Dewan Rakyat on 20 July 2022. Since the First Reading on 15 December 2021, it has been debated how the Bill could be improved, including addressing […]

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The Myth of 3 Warning Letters https://dnh.com.my/the-myth-of-3-warning-letters/ Tue, 28 Jun 2022 04:05:20 +0000 https://dnh.com.my/?p=9995 The Myth of 3 Warning Letters

The Myth of 3 Warning Letters Is an employer required to issue at least 3 warning letters before they can dismiss an employee? Contrary to popular belief, there is no such legal requirement. The origin of this myth is unknown. If an employer is ever in the unfortunate position of issuing multiple warning letters to […]

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Common Mistakes & Solutions When Adopting E-Signatures in Business https://dnh.com.my/common-mistakes-solutions-when-adopting-e-signatures-in-business/ Thu, 23 Jun 2022 04:05:29 +0000 https://dnh.com.my/?p=9998 E-Signatures in Business

Common Mistakes & Solutions When Adopting E-Signatures in Business With the rapid digitalisation and evolution (thanks to the COVID-19 pandemic), wet inked signatures on a dotted line are still common place, but are gradually being phased out. Many businesses have now turned towards implementing electronic signature (or “e-signature” in short) technologies, with hopes to streamline […]

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Proving Sexual Harassment in Unfair Dismissal Claims https://dnh.com.my/proving-sexual-harassment-in-unfair-dismissal-claims/ Fri, 17 Jun 2022 10:53:25 +0000 https://dnh.com.my/?p=9986 Proving Sexual Harassment in Unfair Dismissal Claims

Proving Sexual Harassment in Unfair Dismissal Claims While sexual harassment constitutes a very serious misconduct which also can amount to a criminal offence, the standard of proof is no more onerous than other types of workplace misconduct. Employers need only be satisfied that the employee had, on a balance of probabilities, committed sexual harassment. Balance […]

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The Rise of Digital Payments: Digital Currency VS Electronic Money and their Regulation https://dnh.com.my/the-rise-of-digital-payments-digital-currency-vs-electronic-money-and-their-regulation/ Fri, 10 Jun 2022 09:59:45 +0000 https://dnh.com.my/?p=9965 The Rise of Digital Payments: Digital Currency VS Electronic Money and their Regulation

The Rise of Digital Payments: Digital Currency VS Electronic Money and their Regulation   Introduction In this article, we explore the 2 different concepts of “digital currency” (e.g. cryptocurrencies, security tokens and utility tokens) and “e-money” within the existing legal framework in Malaysia, and examine the differences in both.  While most digital currencies and tokens […]

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Enforcing Foreign Judgments in Malaysia: Reciprocal Enforcement of Judgments Act 1958 https://dnh.com.my/enforcing-foreign-judgments-in-malaysia-reciprocal-enforcement-of-judgments-act-1958/ Fri, 03 Jun 2022 06:00:36 +0000 https://dnh.com.my/?p=9940 Enforcing Foreign Judgments in Malaysia: Reciprocal Enforcement of Judgments Act 1958

Enforcing Foreign Judgments in Malaysia: Reciprocal Enforcement of Judgments Act 1958 Obtaining a judgment is not the end, particularly if the judgment debtor ignores it. Enforcement methods must be taken. A judgment by a Malaysian court is automatically enforceable via various modes provided under the Rules of Court 2012. Foreign judgments (judgments obtained outside of […]

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