IMPACT OF MOVEMENT CONTROL ORDER ON BUSINESS CONTINUITY: Addressing Pitfalls in Human Resource Management and Corporate Governance

Gan Khong Aik is a litigation and dispute resolution partner of Gan Partnership. He was admitted and enrolled as an Advocate and Solicitor of the High Court of Malaya in 1995.

On the alternative dispute resolution front, Khong Aik is a Fellow of the Chartered Institute of Arbitrators, United Kingdom and an arbitrator of the international Arbitration Court in Ganjiang New District, China. He is also a mediator with the Malaysian Mediation Centre.

Khong Aik has penned a number of articles including
“Managing Contracts of Employment in Mergers and Acquisitions in Malaysia” in Inter Pacific Bar Association Journal and “The Arbitration Initiative under the Belt and Road Initiative” for the Asia Pacific Regional Forum Committee of International Bar Association. He is recently appointed to chair a subcommittee of International Commerce and Distribution Committee, International Bar Association.

Khong Aik has been recommended by Asia Pacific Legal 500 and Benchmark Litigation for his depth of legal knowledge and troubleshooting skill complemented by a meticulous and solution driven approach in managing the dispute strategy. His extensive practice experience includes corporate and commercial dispute, insolvency, liquidation, insurance, property disputes, defamation, and employment and industrial relations.

Khong Aik’s forte in the area of employment and industrial relations practice are restrictive covenants, protection of trade secrets, and confidential information. He acts as Counsel for corporations, telecommunication industry players, O&G multinational companies, and banking and financial institutions including insurance companies. He also receives instructions from foreign counsels for cross-border employment issues.

His recent representation before Malaysian courts include:

Acted for manufacturing and production companies in disputes in respect of retrenchment due to economic reasons and functional needs
Acted for a telecommunication company in disputes involving abuse of power and issue pertaining to renewal of fixed-term renewable contract
Acted for a tertiary educational group of companies and an oil and gas multinational company in disputes over conflict of interest by a member of the senior management
Acted for an international banking institution on issue pertaining to forced resignation

His published decisions on employment matters in Malaysia include:

Metacorp Properties Sdn. Bhd. v Shuhaini Selamat [2012] 1 LNS 431 Court of Appeal
Saw Kong Beng v Mahkamah Perusahaan Malaysia & Anor [2016] 8 CLJ 891 High Court
Sitinoorbaiyah Abdul Malek v UKM Holdings Sdn. Bhd [2019] 1 ILR 587 Industrial Court


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This article is authored by:

Foo Yuen Wah
Senior Associate
Gan Partnership


DISCLAIMER: This article is for general information only and should not be relied upon as legal advice. The position stated herein is as at the date of publication on 28th March 2020. For any enquiries on this article, please contact Foo Yuen Wah (