Category Employment

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 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.

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.