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Terminating an Employee on Medical Grounds
WEBIntroduction. Can companies terminate an employee for falling ill and becoming unfit for work? They can, but a proper process should be followed to avoid such termination being determined as unjust or unfair.
Actived: 4 days ago
URL: https://www.thomasphilip.com.my/articles/terminating-an-employee-on-medical-grounds/
The Fake News Pandemic
WEBThere are limited cases that have actually applied Sections 211 ( 1) and 233 ( 1) of CMA 1998 above. However, the increasing spread of fake news regarding the COVID-19 pandemic will give the Courts the chance to fully test out and give effect to these provisions. Due to the limited local cases, we can look at the law in the UK, where they have
Life after being Declared as Mentally Disordered
WEBA continuation to an earlier article titled “Mental Health Act 2001 – Safeguarding the Welfare of the Mentally Disordered”. Introduction. Under section 52 of the Mental Health Act 2001 (“Mental Health Act”), the court has the power to order an inquiry to determine if because of a mental disorder, a person is incapable of managing himself and his affairs.
Mental Health Act 2001 – Safeguarding the Welfare of the …
WEBTHE SECTION 52 ROUTE. Under section 52 of the Mental Health Act, one can apply to obtain a court order to have an inquiry into determining whether a person is incapable of managing himself and his affairs due to mental disorder.At the inquiry, the court makes its determination on this issue. Under section 52 of the Mental Health Act, a relative of the …
Covid-19: A Class Action against Patient Zero
WEBContributed by. Nicholas Navaron (Associate) Tel: 603-6201 5678 / Fax: 603-6203 5678 Email: [email protected] Website: www.thomasphilip.com.my
A Person’s Right as a Patient
WEBAmong the rights of a patient which the MMC seeks to protect includes but not limited to the following: Right to healthcare and humane treatment. Right to choice of care. Right to adequate information and consent. Right to privacy and confidentiality. Right to acceptable safety. Right to health education. Right to redress grievances.
The Standard of Care in Medical Negligence Cases: What
WEBIntroduction. When the facts reveal that a claim was brought by a patient against his/her doctor(s) for medical negligence, what comes to mind immediately would be whether the doctor(s) breached the standard required of him/her at the material time.
Surrender My Shares
WEBIntroduction. The effects of an individual shareholder’s death, lunacy and bankruptcy on the shares held by the same can easily be ascertained as the shares are transmitted according to the testamentary documents, the Distribution Act 1958, the Insolvency Act, 1967, the Mental Health Act 2001, the Insolvency Act, 1967 etc.
The Applicability of the Prevention and Control of Infectious …
WEBWe are now facing a global pandemic in the form of COVID-19, a new viral respiratory disease caused by a new strain of Coronavirus. Whilst the virulent nature of COVID-19 is alarming, unnecessary panic and selfish behaviour such as hoarding supplies can and will cause more harm than the disease itself.
Category: Coronavirus Go Health
Incorporation of a Private Company (Sdn Bhd) in Malaysia
WEBIn Malaysia, one of the most common methods of conducting a business is via a company registered under the Companies Act, 2016 (“CA 2016”).Business owners can either incorporate a private company (a ‘Sendirian Berhad’ or ‘Sdn. Bhd.’) or a public company (a ‘Berhad’ or ‘Bhd.’).
One Clause to Rule Them All – the Entire Agreement Clause
WEBThe entire agreement clause, as its name suggests, is essentially a statement in a contract where parties agree that the terms of the contract between them are found within the text of the contractual document and nowhere else.
Moving Forward: Amendments to the Rules of Court 2012 in …
WEBThe Covid-19 pandemic has impacted many sectors of the economy including the legal profession. As early as March 2020, the government of Malaysia has imposed a Movement Control Order (MCO) and some variation of the same to fight back against the spread of Covid-19.
To Show Cause or Not to Show Cause: Deciphering Order
WEBContempt of court has been making the airwaves again. Recently, the Federal Court had found Malaysiakini liable for contempt of scandalizing the judiciary and sentenced the same to pay a fine of RM500,000.00 (see Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd & Anor [2021] 2 MLJ 652).. In 2019, the Federal Court had found Arun Kasi, an advocate …
Abortion in Malaysia
WEBThere have been two ground-breaking amendments to section 312 of the Malaysian Penal Code : a) the first amendment was made in 1971 where abortion was allowed to save a woman’s life; and. b) another in 1989 to allow abortion to preserve a woman’s physical and mental health. Section 312 of the penal code states:
A bankrupt no more (Part 1)
WEBIntroduction. Based on the limited information available, one would say that the cause of bankruptcy in Malaysia is attributed to non-payment of loans, non-payment of judgment sums and bankrupts having been guarantors for a loan which the borrower defaulted on.
A Bankrupt No More (Part 2)
WEBIntroduction. There are two ways to remove your bankruptcy status - by way of a discharge application or annulment application. There are three methods of discharge that a bankrupt may opt for: (i) discharge by way of a court order (ii) an automatic discharge and (iii) by way of a certificate from the Director General of Insolvency (DGI).
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