Asher Kok

What is constructive dismissal in Malaysia? This article explains when an employee may resign because of an employer’s fundamental breach of contract. It covers salary reductions, demotions, transfers, workplace harassment, unfair PIPs, resignation timing, evidence and the 60-day deadline for filing a claim under the Industrial Relations Act 1967 in Malaysia. It also highlights practical steps for employers and employees.

What is a Performance Improvement Plan and can an employee be dismissed after failing one? This article explains how PIPs work in Malaysia, what fair targets and review periods look like, the support employers should provide and how employees can respond. It also identifies common warning signs of an unfair PIP and the right to challenge dismissal under Malaysian law.

Can an employee be dismissed for poor performance in Malaysia? This article explains what employers must prove, when warnings are required, how Performance Improvement Plans should work and the rights of probationers. It also outlines how employees can respond to a PIP and challenge a performance-related dismissal without just cause or excuse under Malaysian employment law in the Industrial Court.

Misrepresentation occurs where false information causes someone to enter into a contract. This guide explains misrepresentation under section 18 of the Contracts Act 1950, how it differs from fraud, when a contract becomes voidable and the remedies that may be available under Malaysian contract law.

Learn what a show cause letter means under Malaysian employment law, when an employer should issue one and how an employee should respond. This practical guide explains the required particulars, reasonable response periods, disciplinary consequences and the differences between a show cause letter, warning letter and domestic inquiry while highlighting common mistakes for both employers and employees in Malaysia today.

Learn how an unfair dismissal claim proceeds through the Industrial Court in Malaysia. This practical guide explains the 60-day filing deadline, conciliation, referral, pleadings, witness evidence, hearings, remedies, enforcement and appeals. It also outlines the respective burdens on employees and employers and the procedural steps each party should understand before presenting or defending an Industrial Court case in practice today.