Selling your business? Do you need a lawyer?


 

Comments

Post a Comment

Popular posts from this blog

Unlocking the Legal Potential of Whatsapp: How Chat Messages Hold Weight in Debt Recovery Cases

Image
One question that frequently arises in legal discussions is whether Whatsapp messages can be utilized as evidence in court, even in debt recovery cases. Many individuals mistakenly assume that Whatsapp's informal nature would render its messages inadmissible. However, let me tell you an interesting story that showcases the contrary. Consider a recent debt recovery case, where Mr. Lee was pursuing payment from Mr. Tan, who had borrowed a substantial sum of money. Frustrated with the lack of progress, Mr. Lee decided to turn to Whatsapp messages as evidence of their loan agreement. Now, you might wonder, would these seemingly casual chats hold any weight in a courtroom? The answer is a resounding yes! Allow me to introduce you to the captivating case of Mok Yii Chek v Sovo Sdn Bhd & Ors [2015] MLRHU 196. In this particular legal battle, the High Court shed light on the admissibility of Whatsapp messages in a debt recovery scenario. The court declared that print-outs of emails and...
Read more

Employers: How to avoid constructive dismissal

Image
  🌟 Attention, Employers in Malaysia! 🌟 Are you aware of the potential risks of constructive dismissal claims from your employees? 🚨 Don't fret, let's delve into what you need to know to safeguard your company and foster a positive work environment. 🛡️ 🔍 Understanding Constructive Dismissal: Constructive dismissal occurs when an employee resigns due to a breach of their employment contract by the employer. This breach can be a fundamental change in working conditions or a hostile work environment that makes continued employment intolerable. 🛡️ How to Avoid Constructive Dismissal Claims: Transparent Communication: Maintain open lines of communication with your employees to address any concerns or grievances promptly. Transparency builds trust and prevents misunderstandings. Fair Policies and Procedures: Implement fair and consistent policies and procedures that comply with Malaysian labor laws. Ensure that disciplinary actions are carried out fairly and equitably. Respect ...
Read more

Mutual Separation Scheme (MSS) vs Voluntary Separation Scheme (VSS)

Image
In the case of B. Braun Medical Industries Sdn Bhd v Mugunthan a/l Vadiveloo , the Court of Appeal clarified several key points regarding mutual separation schemes (MSS) versus voluntary separation schemes (VSS): 1. Unfair dismissal can occur if an employee is coerced into signing an MSS under the threat of redundancy and retrenchment. 2. The burden of proof lies with the employee to demonstrate coercion or force in signing the MSS. The employer is not required to prove that the agreement was voluntary. 3. Courts assess the conduct and correspondence between the parties to determine if the employee was indeed coerced. Factors considered include negotiation dynamics, lack of objection, and any admissions by the employee regarding the voluntariness of their resignation. 4. Failure to substantiate coercion typically results in dismissal of the unfair dismissal claim solely on this ground.
Read more