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Authored by: Aisha Husna binti Hapidra We live in a multicultural society where other races and religions are allowed to be practiced in Malaysia. In relation to religion, every person has the right to three things – the right to profess, to practice and, subject to Article 11(4), to propagate his religion. Furthermore, under Article 3(1) of the Federal Constitution (‘FC’), it states that “Islam...
“What’s New With The Employment Act?” Co-Authored by Sherylin Choy Pei Zhen & Belinda Chow Jia Hui Edited by: Aisha Husna binti Hapidra HaKita (Our Rights)   “Keep in the know and be interested in knowing” Zi Han, panellist of THURights with HaKita   Legislation Governing Employment Matters in Malaysia The main legislation governing employment law in Malaysia...
BY DESMOND LIEW Director’s liability under Section 75A of the Income Tax Act 1967 has always been under the close scrutiny of the Inland Revenue Board of Malaysia (“IRB”) . Many directors do not appear to know that they are being exposed to such liability until they are being slapped with a notice of assessment and/or being named as one of the defendants. Shareholders’ dispute, sleeping partners, the...
Federal Court is Vested with Jurisdiction to Hear Stamp Duty Appeals BY DESMOND LIEW Federal Court in Pemungut Duti Setem v Lee Koy Eng & Another Appeal [2022] 6 MLRA 209 had dismissed the Taxpayer’s motion in setting aside the leave granted by the Federal Court for the reason of lack of jurisdiction and held that, amongst others, Federal Court is vested with jurisdiction to hear stamp duty appeals. The brief facts of...
SEXUAL HARASSMENT IN THE WORKPLACE As a starting point, sexual harassment is wide enough to encompass any unwanted conduct of a sexual nature whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive, humiliating or a threat to their well-being. Prior to the amendment of the Employment Act 1955 in 2012, sexual harassment was not governed by any laws and this means that the unwanted conduct was...
GATED AND GUARDED COMMUNITY IN MALAYSIA: THE LEGALITY OF THIS SCHEME IN NON-STRATIFIED PROPERTIES Written by HEE SUE ANN & AINIE AJIERA ROSMAN INTRODUCTION The development of the Gated and Guarded Community scheme has become a phenomenon in housing developments these days. The concept of this scheme is mainly focused on the need of having secured and safer surroundings for the community. In response to an...
The Bar Council Malaysia (“the Bar Council”) has by Circular No. 218/2022 dated 25 July 2022 and its F A Q dated 28 July 2022 laid down the guidelines on the Virtual or Remote Attestation or Witnessing of Execution of a Document by a Solicitor . In attesting or witnessing the signing or execution of the document virtually or remotely, the Solicitor shall comply with any prevailing and applicable written law,...
By Ivan Aaron Francis (Associate) News that the Employment (Amendment) Act 2022 was to come into force on 1 st September 2022 sent Malaysian employers into panic-mode as the announcement only allowed employers a few weeks to ensure compliance with the applicable provisions. Fortunately, the implementation has been postponed to 1 st January 2023, giving employers ample time and opportunity to comply with the Employment Act...