Asher Kok

What happens when an employee works for one company but brings an unfair dismissal claim against another? This article examines Sivanesh v Nityo Infotech and explains why identifying the correct employer matters, how courts assess employment relationships within corporate groups, and why delaying a constructive dismissal claim may defeat it even where unpaid salary amounts to a fundamental contractual breach.

Can an employee be dismissed for ignoring attendance instructions sent through WhatsApp? This article examines Llewellyn Chiou Chiat Ren v Sarawak Energy Berhad, where the Industrial Court upheld dismissal for prolonged absenteeism and repeated insubordination. It explains digital workplace instructions, medical excuses, attendance records, disciplinary procedures and when refusing a lawful and reasonable instruction may lawfully justify dismissal in Malaysia.

Can an employee be dismissed for failing a workplace drug test in Malaysia? This article examines Mohd Rozaidi v Elektrisola, where the Industrial Court upheld the dismissal of a long-serving employee who tested positive for ketum. It explains workplace testing policies, safety-sensitive roles, repeat testing, disciplinary procedure and when a positive result may amount to serious misconduct lawfully justifying dismissal.

Can an employee be dismissed for hiding a criminal record in Malaysia? This article examines Dinesh Kumar v Joe Green Precast, where the Industrial Court upheld termination after an employee concealed a theft conviction in his job application. It explains when nondisclosure becomes misconduct, why relevance to the position matters, and how employers should investigate declarations before taking disciplinary action.

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.

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.

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.