Article
Fighting a Winding-Up
28 Sep 2018 | Dispute ResolutionWhen a company is served with a Notice pursuant to Section 466 of the Companies Act 2016 (the “Notice”) by a creditor without Judgment, it generally means that there exists...
Donovan & Ho ranked on Asialaw Profiles 2019
28 Sep 2018 | Donovan and Ho updatesDonovan & Ho has been ranked as a "Notable Firm" for labour and employment in Malaysia by Asialaw Profiles 2019. Asialaw Profiles is a guide to the leading regional and domestic...
Increase to Minimum Wage Effective 1 January 2019
06 Sep 2018 | Employment LawNote: This article was published on 6 September 2018. Subsequent to the publication of the article, the Minimum Wages Order (Amendment) 2018 was gazetted on 28 November 2018 to amend...
Appealing Against Industrial Court Decisions
05 Sep 2018 | Employment LawThe tail end of an unfair dismissal case is the issuance of a court award (“Award”) which sets out the Industrial Court’s decision and the grounds for the decision with...
Franchising vs Licensing : What’s the Difference?
03 Sep 2018 | CorporateIn the highly publicised Chatime-Tealive dispute, it was alleged that the Chatime franchisee used raw materials that were not approved by the franchisor under the franchising agreement. Franchising in Malaysia...
5 Practical Things You Should Know About Your...
27 Aug 2018 | Employment LawHere are five practical takeaways pertaining to an unfair dismissal claim that has been referred to the Industrial Court. The information in this article should be helpful to both employees...
Directors’ Duties and Diverting Business: A Cautionary Tale
20 Aug 2018 | CorporateIt is well known that directors owe fiduciary duties to their company. Tasked with top-level management, the Companies Act 2016 outlines statutory duties required of them to maintain the company...
EPF and Directors’ Duties: Are Sleeping Directors Liable?
15 Aug 2018 | Employment LawThe Employees Provident Fund Act 1991 (“EPF Act”) is one of the main statutes that employers must be familiar with. The EPF Act imposes obligations on employers which, if not...
Illegality: Does The Loss Always Lie Where it...
13 Aug 2018 | Dispute ResolutionIt is often said that no court will lend its aid to a man who files a claim based on an illegal act. Simply put, what this means is that...
Amendments to the Private Employment Agencies Act
02 Aug 2018 | CorporatePrivate employment agencies (informally, but commonly referred to here as “headhunters” or "recruitment agencies") are regulated by the Private Employment Agencies Act 1981 (“Act”). The Private Employment Agencies (Amendment) Act...
What Happens to Employees in a Business Closure?
30 Jul 2018 | Employment LawThe latest in the legal drama involving Chatime and Tealive saw the Federal Court allowing Tealive to stay open pending their leave to appeal to the Federal Court (If you’re not...
Employee or Independent Contractor?
26 Jul 2018 | Employment LawHow do the courts determine whether someone is an “employee” or not? We’ve seen this question asked numerous times, not just in Malaysia but across the world. With the rise...