Messrs Syazwan Hasim & Azeel Eskandar

09/02/2026

Assalam & hi!
We’re hiring a Conveyancing Lawyer to join our team.
✔️ 1–3 years PQE
✔️ Able to handle files independently
✔️ Deadline-driven and reliable
Send your CV to: [email protected]

05/10/2025

Ability is not defined by limitation, but by determination. SHAE stands proud to support World Cerebral Palsy Day — inspiring change, one heart at a time.

02/09/2025

📢 WE’RE HIRING!
Join our growing team at Syazwan Hasim & Azeel Eskandar (Ampang HQ)!

We’re looking for:
✅ Conveyancing Clerk
✅ Junior Lawyer (SnP & Loan)

📌 Requirements:
✔ 1 year PQE
✔ Responsible, detail-oriented & able to work independently
✔ Bonus if you’re fun! 🎉

📧 Send your CV to: [email protected]
📍 2, Jalan Lengkong Zooview, Taman Zooview, 68000 Ampang, Selangor
☎ +03-41620033

Be part of our amazing team today! 💼

09/05/2025

𝗖𝗔𝗦𝗘 𝗛𝗜𝗚𝗛𝗟𝗜𝗚𝗛𝗧 [02/2025]
MAZLI SAPAR v. TRADELIFT BHD [16/4-994/20]

Employment Law: Retrenchment Due to Financial Difficulties Ruled Lawful

[1] We recently succeeded in representing a company, the employer, in an unfair dismissal claim brought by a former employee at the Industrial Court.

[2] The employee had served nearly 10 years and was retrenched due to the company’s financial crisis. He alleged that the termination was unfair, claiming that the company was still operational and capable of paying salaries. However, we proved otherwise, that the company had ceased all business activities in 2019, and salaries had to be covered by a third party due to serious financial strain.

[3] The Court ruled that the retrenchment was done in good faith and was a legitimate business decision. It reaffirmed the principle that an employer has the prerogative to reorganize or downsize its operations, so long as it is done honestly and not as a disguise for wrongful dismissal.

[4] The Court referred to several landmark cases, including:-

- William Jacks & Co (M) Sdn Bhd v S Balasingam [2000] 7 MLJ 1

An employer has the right to organize their business in the manner they see fit, and as long as retrenchment is done bona fide (in good faith), the decision cannot be interfered with.

- Telekom Malaysia Kawasan Utara v Krishnan Kutty Sanguni Nair [2002] 3 CLJ 314

In industrial cases, the burden of proof is based on the balance of probabilities, employers must show reasonable justification for termination.

- Boey Sow Foong v Antah Drilling Sdn Bhd [1998] 7 MLRH 178

The fact that remaining staff absorbed the duties of a retrenched employee does not in itself make the retrenchment invalid if done due to genuine business contraction.

[5] Ultimately, the Court found that the company’s financial evidence was credible, multiple employees were affected (not just the claimant), and the decision to terminate was made without malice or victimisation.

[6] The Court dismissed the claim and ruled the retrenchment was lawful and justified.

This case highlights the importance of proper documentation and transparency in retrenchment exercises. Employers are encouraged to seek legal advice early when considering downsizing or restructuring.

Feel free to contact us for Employment Law consultation.

Messrs Syazwan Hasim & Azeel Eskandar

23/04/2025

𝗖𝗔𝗦𝗘 𝗛𝗜𝗚𝗛𝗟𝗜𝗚𝗛𝗧 [01/2025]

Jabar Khan @ Yasser Arafat Bin Napi v. Jebcon Sdn Bhd [2021] 1 LNS 599

𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗥𝘂𝗹𝗲𝘀 𝗶𝗻 𝗙𝗮𝘃𝗼𝗿 𝗼𝗳 𝗔𝘂𝗰𝘁𝗶𝗼𝗻 𝗕𝘂𝘆𝗲𝗿𝘀 – 𝗡𝗼 𝗟𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗳𝗼𝗿 𝗣𝗿𝗲-𝗝𝗠𝗕 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗖𝗵𝗮𝗿𝗴𝗲𝘀

(1) We are pleased to share a significant legal victory in Jabar Khan @ Yasser Arafat Bin Napi v. Jebcon Sdn Bhd [2021] 1 LNS 599, where the High Court of Malaya at Shah Alam delivered a ruling protecting the rights of auction purchasers in strata property disputes.

(2) In this case, our client, the successful bidder of an auctioned apartment, was confronted with a demand from the developer for unpaid service charges dating back to 1999–2004—a liability originally incurred by the previous owner. The developer refused to transfer the strata title unless these outdated charges were settled, despite our client having already paid all dues to the Joint Management Body (JMB) for the relevant period.

(3) The Court firmly rejected the developer’s claim, emphasizing three key principles:

(a) No Transfer of Liability: The bank’s auction sale only transferred the rights of the original purchaser, not their liabilities. Since the Deed of Assignment did not include obligations like service charges, the new owner could not be held responsible for debts predating the JMB’s formation.

(b) Developer as Bare Trustee: Once the full purchase price was paid, the developer’s role reduced to that of a bare trustee, legally obligated to transfer the title without imposing additional conditions (Resolution Alliance Sdn Bhd v. Binabaik Sdn Bhd [2014] MLRAU 492 followed).

(c) Time-Barred Claims: The developer’s demand for charges from 1999–2004 was statute-barred under the Limitation Act 1953, as the six-year limitation period had long expired.

(4) This judgment reinforces critical protections for property buyers, ensuring developers cannot exploit their position to enforce stale or unjustified claims. It also aligns with the Strata Management Act 2013, which vests all post-JMB collection rights exclusively in the JMB, not the developer.

Messrs Syazwan Hasim & Azeel Eskandar

01/01/2025

As we celebrate New Year of 2025, SHAE Law Firm wishes all of our clients, friends, and all those celebrating the holiday a joyous and prosperous year! It is a time to reflect on the past year and look forward to the future with hope and optimism.

We are honored to serve our clients. We are committed to providing you with the highest quality legal services, and we look forward to working with you in the year ahead.

Happy New Year

31/10/2024

09/04/2024

Assalamualaikum

We would like wish everyone a Selamat Hari Raya filled with abundant happiness to you and loved ones! May the blessings of Hari Raya Puasa fill your homes with joy, peace and prosperity!

Maaf Zahir & Batin.

04/04/2024

Basket raya decorated by our senior legal associate puan nadia & shae staffs ready to deliver to our clients/panels.. thank you for your support & trust..

27/03/2024

Peristiwa turunnya ayat Al-Quran yang pertama kepada baginda Nabi Muhammad SAW hingga seterusnya secara berperingkat-peringkat menjadi kitab Al-Quran yang lengkap.

Salam Nuzul Al-Quran buat semua client SHAE.