Lawyer Bangi & KL

25/06/2020

covid-19 has caused a lot of workers losing their job, employers cant afford to pay their staff anymore. Some employers simply cut off their staff’s salaries. It is inevitable they said.Suddenly many people are looking for labour law and/or industrial relation related material to enable them to fight for their rights.

My advise to the employer

Please be sincere when terminating your staff and only if it necessary. Don’t terminate and/or cut your employees salary simply because all other employers did so. If you still can manage and maintain them.. please let them work.

If you need to terminate them, please follow the rules set out in the workmen compensation act and/ our labour act and/or industrial relation act whichever applicable.

Please be fair, follow the LIFO ( last in first out rules) and proper notices as per require by law or contract, otherwise you might need a solocitors to defend when your employees lodge a complaint against you.

For the employees

If you been terminated, make sure your employees follows the procedure ,Proper notice and make sure they follow the LIFO ( last in first out).Do some digging on whether they are truly in financial difficulties or just taking advantages of the current covid situation. Lodge complaint at the labour and/ industrial relation office as soon as possible and not later than 60 days of your termination.
And if it true they are in financial situation then it will be of no use as even if the labour court/ industrial court awarded you with handsome award... they will not be able to pay

just my 2 cents advise.. ( please get proper advise from qualified solicitor via proper appointment as we will not be liable for the use of this advise without our consulting our solicitors incharge)

07/02/2020

The case started in July 2018 and only January 2020 we got the verdict and/or award. The much waited award .. Alhamdulillah all the complainants got maximum 24 months and plus plus compensation for wrongful dismissal. So employers out there please make sure give the required notice as per the contract to your employees or be sorry to pay 24 months salary plus other damages to your aggrieved employees.

31/01/2019

For almost 2 years we fought the battle against our client’s employer.. going thru trials and interlocutory applications .. we won the battle early this year though the amount of damages awarded is far to low.. and no cost awarded to our client which is very unfair.. our client decided to accept the decision and move on.. but to our surprise the employer does not want to pay a single cent to our client despite the decision given and now appealing to the decision..

We had no choice but to cross appeal and may we succeed and awarded more than the trial court decision.. Amin

speechless with the employer
speechless with the opponent lawyer
Ungrateful @$&$)🤬

09/10/2018

One of learned friends wedding..love a lawyer its totally legal..

27/06/2018

Hmm..where is the defendant..coming or not...what shud I tell the Judge.. niat utk bertindak sendiri..pastu tak dtg

28/05/2018

Berpeluang melawat salah satu rumah milik klien yg agak usang dari luarnya ..alangkah bagusnya kalau di baikpulih tanpa mengubah ciri2 asalnya..yang dibina seawal 1918 lagi..masih utuh berdiri..dgn hiasan dalaman yg masih kemas ..perabot antik import yg sgt bermutu.. in love with this old thing

22/01/2018

Today ..I ' m in kl court..my opponent applied for a stay pending appeal after their application to set aside judgment dismissed by the honourable session court.

This case is actually a case whereby a few workers has been wrongfully terminated due to cessation of a subsidiary of a company.

I tried using civil court venue for one particular worker.

Originally..the worker worked with the defendant (company) and then he had been transferred to its subsidiary .. the defendant continued paying his salary..epf socso etc. Now the subsidiary issued a cessation notice to all the workers including the plaintiff.

The subsidiary owns by the defendant (75% shares)

We sue both the subsidiary and the defendant and judgment entered due to non appearance of both.

Later on the company applied for setting aside of judgment. In it only defence, the defendant stated that he is no longer the plaintiff'
Employer as he already transferred the plaintiff to its subsidiary .

The transfer letter stated that the plaintif hereby transffered to its subsidiary with effect from..bla bla

" kindly take note that the other terms and conditions as per your letter of Employment with ( the company) us and previous letter issued to you will remain the same"

In our submission we hold the company still liable as employer. The letter only operates as transfer of employment . It does not amount to a termination/cessation of his employment with the company.He is still the employee of the company.In situation of its subsidiary ceasation, the company should transfer the employee back to its original position in the company.

To be continue..

20/01/2018

When life is not a box of chocolates..what do you do

Lately a few friend asked me ..when marriage failed..divorce is inevitable..problem is..we have property ( that we and our kids are livin' in) joint names..half is mine ..half is my ex..the kids and me are currently occupying the house..I been paying for the monthly loan..what if someday my ex claim the his half share..what do i do..
Well my advice is..get your ex to " hibah" his half share to you while he is yet to be " influenced" or "controlled"by his new person in his life..get your solicitor to prepare hibah of his half share to you or to your kids..and get it register in syarie court.
Get him to sign a Power of Attorney naming you as his donee..so that it's easy for you to deal with the property once you finished paying..
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Disclaimer: we are not liable on reliance of our advise without direct consultation with our solicitors

www.susidekco.com

20/01/2018

University of Malaya grads 1999..
Almost 17th years in private practise..still remember the feeling..
www.susidekco.com

29/08/2017

https://www.youtube.com/watch?v=-HWTvsg3rng

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