Category Archives: Article

All employees are now protected by the Employment Act 1955

The ambit of the Employment Act 1955 (“EA 1955”) will change effective from 1.9.2022 pursuant to the Employment (Amendment of First Schedule) Order 2022 (“Amendment Order”), in conjunction with the Employment (Amendment) Act 2022 (“Amendment Act”). Prior to the Amendment Order, the EA 1955 as it stands only applies to persons falling within the following…

Limits to Adjudicators’ Powers

Our Tasha Lim discusses the High Court’s decision in Cescon Engineers Sdn Bhd v Pesat Bumi Sdn Bhd and another case [2022] 9 MLJ 79 with respect to adjudicators’ powers. Introduction Adjudicators are granted wide discretionary powers under section 25 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA). The High Court recently discussed…

Construction contracts: no relief against government under section 7 of Covid-19 Act

Our Foo Joon Liang and Benjamin Kho explore whether Section 7 of the Covid 19 Act shields construction industry players in their contractual dealings with the government amid the covid-19 pandemic. The Covid-19 Act(1) continues to raise riveting legal issues in the Malaysian courts. In SN Akmida Holdings Sdn Bhd v Kerajaan Malaysia,(2) a Malaysian high court was…