Can a Probationer Be Dismissed for Poor Performance Without Warning in Malaysia?

Can a probationer be dismissed for poor performance in Malaysia? This article examines Tan Cheng Chuon v Kibing Group, where the Industrial Court awarded RM173,400 after finding that poor performance was not proved. It explains why employers should provide clear expectations, contemporaneous appraisals, warnings and a meaningful opportunity to improve before terminating a probationary employee for alleged underperformance at work.

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Are Non-Compete Clauses Enforceable in Malaysian Employment Contracts?

Are non-compete clauses enforceable in Malaysia? Section 28 of the Contracts Act 1950 generally makes post-employment restraints of trade void, even where the restriction appears reasonable. This guide explains the Malaysian position on non-compete clauses, key cases including Polygram Records and Dynacast, and practical ways SMEs can protect confidential information and business interests.

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Can an Employee Secretly Record Workplace Conversations in Malaysia?

Can employees secretly record workplace conversations in Malaysia? This article examines an Industrial Court decision involving a security officer dismissed for using a camera spy pen to photograph colleagues and record management without consent. It explains when covert recording may amount to workplace misconduct, why company policies and context matter, and whether such conduct can justify dismissal under Malaysian employment law.

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Flexible Working Arrangements in Malaysia: Can Employees Request to Work From Home?

Can employees request to work from home in Malaysia? This article explains flexible working arrangements under the Employment Act 1955, including changes to working hours, days and workplace. It covers the application process, employers’ response obligations, reasons for refusal, remote-working policies, performance, confidentiality, workplace safety and whether employees may insist on working remotely.

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Can an Employee Be Dismissed for a Social Media Post in Malaysia?

Can an employee be dismissed for a social media post in Malaysia? This article explains when online conduct may amount to workplace misconduct, including defamatory comments, confidentiality breaches and harassment. It also examines posts made outside working hours, employers’ social media policies, disciplinary procedures, proportionality and an employee’s right to challenge an unfair dismissal before the Industrial Court in Malaysia.

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Profit Guarantees in Share Sale Agreements: What SMEs Can Learn from MARA v Naguib Mohd Nor

In MARA v Naguib Mohd Nor, the Malaysian Court of Appeal overturned the High Court and awarded MARA RM6.6 million under a profit guarantee in a share sale agreement. This article explains the decision and the practical lessons Malaysian SMEs should take when drafting profit guarantees, payment mechanisms, warranties and no-waiver clauses.

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Can an Employer Transfer an Employee to a Different Role in Malaysia?

Can an employer transfer an employee to a different role in Malaysia? This article examines Jagdeep Kaur Udham Singh v Halal Development Corporation Bhd and explains when a unilateral transfer may amount to constructive dismissal. It covers transfer clauses, fundamental breach, unsuitable duties, employee objections, delay, compensation and practical lessons for employers managing workplace restructuring and employee redeployment exercises fairly.

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Void Agreements Explained: When Is a Contract Unenforceable in Malaysia?

Not every signed contract is legally enforceable. An agreement may be void because its purpose is unlawful, it lacks consideration, its terms are uncertain or performance is impossible. This article explains when agreements are void under Malaysia’s Contracts Act 1950, how void agreements differ from voidable and illegal contracts, and what happens to benefits already exchanged between the parties.

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Why Written Contracts Protect Business Relationships

Business relationships are often built on trust, but disagreements can arise when parties remember their conversations differently. This article explains why Malaysian business owners should document their agreements, how written terms protect commercial relationships and what Malaysian cases involving oral agreements teach us about the difficulty of proving a deal after the relationship has broken down between the parties.

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