Exemption clauses are found in almost every commercial contract, but are they always enforceable? Learn how Malaysian courts assess exclusion and limitation of liability clauses, the role of the Consumer Protection Act 1999, and the key factors that determine whether an exemption clause will be upheld.
Entire Agreement Clauses are found in most commercial contracts, but many people don't understand what they actually do. This guide explains how Entire Agreement Clauses work under Malaysian law, their relationship with the parol evidence rule and collateral contracts, and why they matter before you sign any agreement.
What happens if someone makes an important promise before you sign a contract, but the promise never appears in the written agreement? This article explains collateral contracts under Malaysian law, when they arise, how they differ from misrepresentation, and why documenting key promises can help you avoid costly contractual disputes.
What happens if someone made a verbal promise that never appeared in the written contract? This article explains the parol evidence rule in Malaysia, when courts will rely on the written agreement, the recognised exceptions, and why ensuring important terms are properly documented can help you avoid costly contract disputes.
What is a domestic inquiry in Malaysia? This practical guide explains when employers should hold one, how the process works, the employee’s right to be heard, and what makes an inquiry fair. It also examines suspension, representation, procedural defects and how the Industrial Court approaches dismissals following a domestic inquiry under Malaysian employment law for both employers and employees alike.
What amounts to employee misconduct under Malaysian employment law? This article explains the meaning of misconduct, common examples, and the important differences between misconduct, poor performance and an honest mistake.
What does “just cause or excuse” mean in Malaysian employment law? This article explains when an employer may lawfully dismiss an employee, the importance of a fair process, and how the principle applies to misconduct, poor performance, redundancy and probationers.
The Contracts Act 1950 uses the terms proposal and promise instead of the more familiar offer and acceptance. Learn how a proposal becomes a promise, when an agreement becomes a legally enforceable contract, and why understanding these distinctions is essential for anyone entering into contracts in Malaysia.
Can you challenge a Mutual Separation Scheme (MSS) after signing it? The answer is yes—but only in certain circumstances. This article explains when an MSS may be set aside by the Industrial Court, the legal principles governing voluntary consent, and the landmark Malaysian cases that determine whether an employee has been genuinely separated or unfairly dismissed.
Being retrenched can be overwhelming, but not every retrenchment is legally justified. Learn when an employer can lawfully retrench employees in Malaysia, what genuine redundancy means, whether the LIFO principle applies, and what rights employees have if they believe their dismissal was unfair. A practical guide based on Malaysian employment law and leading court decisions.
