The Industrial Court plays a crucial role in resolving employment disputes in Malaysia. This guide explains the court's jurisdiction, structure, procedures, unfair dismissal claims, and the remedies available to employees and employers. Whether you are facing termination or managing a workplace dispute, understanding the Industrial Court can help you navigate the process more confidently.
Can a Joint Management Body (JMB) sue a developer for failing to obtain strata titles? A recent Malaysian High Court decision says yes. The Court confirmed that developers have a statutory duty to complete the strata title process and that a JMB has the legal standing to enforce those obligations, protecting the interests of parcel owners and residents.
Can family members legally sue each other? The answer is yes, but not every promise between family members creates a legally enforceable contract. This article explains how courts determine whether family arrangements, loans, property agreements, or inheritance promises were intended to have legal consequences, using practical examples and local court decisions to illustrate when relatives may successfully bring legal claims.
Substituted service allows plaintiffs to proceed with legal action even when a defendant cannot be personally served. Governed by Order 62 Rule 5 of the Rules of Court 2013, it permits alternative methods such as newspaper advertisements or posting at last known addresses. This article explains when it applies, the legal requirements, and how courts ensure fairness despite service difficulties.
Winning a court case is only the first step - enforcing the judgment is where real recovery begins. This article explains how judgment creditors in Malaysia can compel payment or compliance, including key methods such as seizure and sale, garnishee proceedings, and judgment debtor summons, along with important time limits and legal requirements to ensure effective enforcement.
Wrongful dismissal in Malaysia allows employees, particularly in the private sector, to challenge terminations made without just cause or excuse. Through the Industrial Relations Act 1967, employees may seek reinstatement or compensation, beginning with conciliation and potentially proceeding to the Industrial Court. Understanding the available remedies and procedures is essential for employees seeking redress after losing their employment.
Summary judgment under Order 14 of the Rules of Court 2012 allows plaintiffs to obtain a quick judgement without trial where the defendant has no arguable defence. It is a powerful procedural tool designed to save time and costs, but is subject to strict requirements, limitations, and judicial discretion to ensure fairness for both parties.
