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.
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.
Promissory estoppel may prevent someone from withdrawing a promise after another party has relied on it. This article explains how the doctrine operates under Malaysian contract law, the requirements considered by the courts, its relationship with sections 63 and 64 of the Contracts Act 1950, and whether it can suspend or permanently affect existing contractual rights.
What is unfair dismissal in Malaysia? This article explains the requirement for just cause or excuse, why contractual notice alone is insufficient, and when misconduct, poor performance or redundancy may justify termination. It also covers probationers, domestic inquiries, the employer’s burden of proof, Industrial Court remedies and the strict 60-day deadline for employees to file claims after dismissal in Malaysia.
Can insubordination amount to workplace misconduct in Malaysia? This article explains when refusing an employer’s lawful and reasonable instruction may justify disciplinary action or dismissal. It covers employee objections, transfers, performance improvement plans, show cause letters, due inquiry, evidence, proportionality and the right to challenge an unfair dismissal under Malaysian employment law and applicable Industrial Court procedures in Malaysia today.
Can sexual harassment amount to workplace misconduct in Malaysia? This article explains what conduct may constitute sexual harassment, an employer’s duty to investigate complaints, fair disciplinary procedures and when dismissal without notice may be justified. It also covers evidence, confidentiality, retaliation, workplace policies and legal options available to affected employees under Malaysian employment law and related legislation today in practice.
Can an employer terminate an employee without notice in Malaysia? This article explains when serious misconduct or a wilful contractual breach may justify summary dismissal. It covers show cause letters, due inquiry, domestic inquiries, unexplained absence, payment in lieu of notice and an employee’s right to challenge dismissal in the Industrial Court under Malaysian employment law and applicable statutory procedures.
Can an employer dismiss employees because of business restructuring in Malaysia? This article explains when restructuring may justify retrenchment, how employers must prove genuine redundancy and why fair selection matters. It also covers LIFO, notice periods, termination benefits, Borang PK requirements and employees’ right to challenge an unfair dismissal through the Industrial Court process in Malaysia.
Can you cancel a contract because you were pressured into signing it? This guide explains coercion under sections 15 and 19 of the Contracts Act 1950, the difference between commercial pressure and unlawful coercion, the leading Malaysian cases, and when a contract signed under pressure can be set aside.
A void contract is not the same as a voidable contract. This guide explains the key differences under Malaysian law, when a contract becomes void or voidable, and how the distinction affects your legal rights, remedies and ability to enforce or cancel an agreement.
