Category Archives: ILO

CIPAA: court has no discretion to set aside adjudicator’s costs order

Introduction The Construction Industry Payment Adjudication Act 2012 (CIPAA) was enacted to alleviate payment problems in the construction industry by allowing any payment dispute to be resolved speedily through adjudication. However, the losing party may opt to set aside or stay an adjudication decision pursuant to Sections 15 and 16 of the CIPAA. On the…

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Section 30 of CIPAA: apex court maintains mandatory direct payment obligation against employer under receivership

Introduction The direct payment made by an employer of a construction project to a subcontractor is a key feature of statutory adjudication in Malaysia. In BHL Gemilang Sdn Bhd v CT Indah Construction Sdn Bhd,(1) the apex court refused to disturb the Court of Appeal’s landmark ruling which tests the efficacy of the direct payment…

Embassy dismisses employee: exercise of jure imperii or act of jure gestionis?

In The United States of America v Menteri Sumber Manusia Malaysia,(1) the high court faced a judicial review application filed by the United States in Malaysia. The facts leading to the application were uncommon and the court considered a novel aspect of industrial law jurisprudence in Malaysia. Facts The applicant (the United States) filed the…

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Apex court rules that maintenance charges owed by parcel proprietors constitute unsecured debts

Introduction As a statutory creature under the Strata Titles Act 1985,(1) a management corporation (MC) is tasked to maintain and manage subdivided buildings and their common properties, such as common facilities, in a good state. An MC may impose and collect maintenance charges from the parcel proprietors of subdivided buildings in accordance with the Strata…

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Utility innovation infringement and invalidation disputes

Introduction In general, when an individual asks “how can I protect my invention?”, only one answer comes to mind: patents. While this is not wrong, most individuals are unaware of the patent’s lesser-known sibling – the utility innovation. Utility innovations are commonly known as ‘minor’ or ‘petty’ patents. Much like patents, owners of a granted…

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Section 314 of Companies Act: court orders one- member extraordinary general meeting

In February 2020 a high court allowed a shareholder to convene a one-member extraordinary general meeting (EGM) of a family-run company in Lee Yee Wuen v Kien Yiap Trading Sdn Bhd.(1) In applying for a court-ordered meeting, applicants must prove that it is otherwise impracticable to hold the meeting. This case is significant to the…

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Apex court rules that foreign employee on successive fixed-term contract is permanent employee

Employers can offer fixed-term contracts to their employees (often for economic or management reasons). However, such prerogative is subject to scrutiny by the Malaysian courts so that it does not fetter employees’ rights in terms of employment security. In Ahmad Zahri bin Mizra Abdul Hamid v AIMS Cyberjaya Sdn Bhd ([2020] 1 LNS 494), the…

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