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Legal Update

Amendments to the Industrial Relations Act 1967

Amendments to the Industrial Relations Act 1967 The Industrial Relations (Amendment) Act 2020 (“IRA 2020”) introduced several major changes to the Industrial Relations Act 1967 (“the Act”). The main changes with regard to the Act, which came into effect on 1 January 2021, may be summarized as follows.   Referral of Dismissal Cases To The […]

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Retrenchment

Five long service employees filed their section 20 representations at the Industrial Court claiming that their retrenchment by their employer was mala fide. On 16.11.2020, the Industrial Court determined that the retrenchment was carried out in good faith after considering various factors put forth by the Company, including its financial standing, sales performance at the […]

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Think Again, When You Want to be Exclusive – It could be a Potential Infringement of the Competition Act 2010

Having an exclusive dealing is quite common in today’s commercial transactions. This may be done by incorporating an exclusivity clause in commercial agreements. An exclusive dealing occurs when an enterprise enters into an agreement with another to limit the latter from dealing with the first enterprise’s competitors. Whilst having an exclusive dealing may, to an […]

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Companies (Amendment) Bill 2020

In the midst of the COVID-19 pandemic, the Companies (Amendment) Bill 2020 is tipped to be tabled before Parliament in its November 2020 sitting.  The Bill is aimed at making more accessible the corporate rescue mechanisms introduced by the Companies Act, 2016 (CA 2016) namely, corporate voluntary arrangements and judicial management, as well as enhancing […]

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Temporary Measures For Reducing The Impact of Coronavirus Disease 2019 (COVID-19) Bill 2020 [“COVID-19 Bill”]

The widely anticipated COVID-19 Bill finally lands in Parliament during its recent sitting and was passed by Dewan Rakyat on 25.8.2020.   As its name suggests, the COVID-19 Bill contains legal measures to address the adverse impact of the ongoing pandemic on Malaysian individuals and businesses. The measures contained in the COVID-19 Bill are aimed […]

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Precedent decision by the Court of Appeal: Unsecured creditors do have the locus standi to participate in Judicial Management proceedings and oppose the making of a Judicial Management Order

Maybank Investment Bank Berhad and Malayan Banking Berhad Million Westlink Sdn. Bhd. On 21.7.2020, the Court of Appeal allowed the appeal filed by Maybank Investment Bank Berhad and Malayan Banking Berhad (the Banks), against the High Court’s decision which had dismissed the Banks’ application to intervene in a judicial management proceeding filed by their debtor. […]

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