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News & Analysis

Determining if an Employee is Transferred or Seconded

30 March 2022 by Shearn Delamore & Co

The issue of whether an employee is transferred or seconded can sometimes prove rather contentious. In a transfer, the employment relationship to transferred to the new employer (i.e. the original company is no longer the employer), whereas in a secondment situation, the employee remains under the employment of the original company but may perform work for the secondee company.

News & Analysis

Determining if an Employee is Transferred or Seconded

30 March 2022 by Shearn Delamore & Co

The issue of whether an employee is transferred or seconded can sometimes prove rather contentious. In a transfer, the employment relationship to transferred to the new employer (i.e. the original company is no longer the employer), whereas in a secondment situation, the employee remains under the employment of the original company but may perform work for the secondee company.

News & Analysis

Transition to Endemic — What it Means for the Employers in Malaysia?

17 March 2022 by Shearn Delamore & Co

Introduction With effect from 1 April 2022, Malaysia will enter the “Transition to Endemic” phase.

News & Analysis

Transition to Endemic — What it Means for the Employers in Malaysia?

17 March 2022 by Shearn Delamore & Co

Introduction With effect from 1 April 2022, Malaysia will enter the “Transition to Endemic” phase.

News & Analysis

Malaysia: Covid-19 Vaccine — Can employers compel their employees to be vaccinated?

06 August 2021 by Raymond TC Low, Benedict Ngoh; Shearn Delamore & Co

Covid-19 has disrupted our lives and businesses at many unprecedented levels never seen before in the history of mankind.

News & Analysis

Malaysia: Impact of the Covid-19 Pandemic on Collective Agreements

06 August 2021 by Sivabalah Nadarajah, Raymond TC Low, Grace Chai Huey Yann; Shearn Delamore & Co

The Industrial Court in Malaysia is an important institution that is established under the Industrial Relations Act 1967 to hear and decide on disputes in relation to the terms and conditions of employment in a collective agreement.

News & Analysis

Malaysia: Time and Costs Issues in The Construction Industry Arising from The Movement Control Order

06 August 2021 by Shearn Delamore & Co

In view of the COVID-19, the Malaysian government implemented the Movement Control Order (“MCO”) effective throughout Malaysia from 18 March 2020 to 31 March 20201.

News & Analysis

Malaysia: What constitute good reasons for an order to sell a vessel pendente lite?

16 June 2021 by Rajasingam Gothandapani, Shearn Delamore & Co

This article examines the basis for an order for a sale pendente lite of a vessel that was arrested by a sheriff in in rem admiralty proceedings as security for the plaintiff's claim.

News & Analysis

Malaysia: Summary Judgment in a Gaming Credit Facility Dispute — Star Cruise Services Limited v Chen Teng Fah (2021)

14 June 2021 by Shearn Delamore & Co

In the recent Court of Appeal case of Star Cruise Services Limited v Chen Teng Fah (unreported), Star Cruise succeeded in obtaining summary judgment against a patron to recover a debt pursuant to a gaming credit facility. There have todate been no reported Court of Appeal decisions in respect of the grant of summary judgment on a “gaming” debt matter.

News & Analysis

Malaysia: Demarcating the Bank’s Duty In Investment Scams

21 April 2021 by Shearn Delamore & Co, Yee Mei Ken, Mattheus Goon Kin Zhi

Scams are common these days. Hence, the regulatory bodies, financial institutions and news media often warn the public to exercise due diligence before making any investments with promises of high-profit returns.