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  • CASE(S) HIGHLIGHT

  • MASENANG SDN BHD v. SABANILAM ENTERPRISE SDN BHD
    FEDERAL COURT, PUTRAJAYA
    NALLINI PATHMANATHAN FCJ; VERNON ONG LAM KIAT FCJ; RHODZARIAH BUJANG FCJ
    [CIVIL APPEAL NO: 02(i)-20-03-2020(S)]
    03 SEPTEMBER 2021

    The exclusive supervisory jurisdiction of a domestic arbitration is to be ascertained from the juridical seat of the arbitration. The court at the seat enjoys exclusive supervisory jurisdiction over the arbitral proceedings and the award. The court where the cause of action arose cannot oust the jurisdiction afforded and vested in the seat court. Accordingly, any decision from the court purporting to exercise jurisdiction where the cause of action arose is void.

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  • ARTICLE HIGHLIGHT

    Ex-AG to have his day in court next April

    Employment
    Trial of former A-G’s suit on ‘unlawful sacking’ and breach of contract fixed for April 2022
    The High Court has fixed a four-day trial from April 18 next year on the “unlawful sacking” and breach of contract suit filed by former attorney-general Mohamed Apandi Ali against the government. Lawyer Abdul Shukor Ahmad said the trial was inevitable as the government was not amenable to a mediation to settle the matter out of court. “Dates have been fixed today for the trial to proceed,” he told FMT after virtual case management before deputy registrar Nor Shahadah Saari. The court also instructed all parties to file their bundle of documents and identify the list of witnesses before the next case management on Nov 5. Apandi filed the suit last September, seeking a declaration that former prime minister Dr Mahathir Mohamad’s termination of his services as attorney-general in 2018 was unlawful.

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  • A Fair Work Commission ruling on the flu jab reveals the divide on vaccine mandates

    Employment
    Receptionist sacked for refusing flu shot cannot appeal dismissal

    A deputy president of the Fair Work Commission (FWC) has railed against mandatory vaccinations in an extraordinary dissenting judgment, labelling such a decree for employees akin to "medical apartheid". The comments from deputy president Lyndall Dean reveal the divide seen across the community on mandating vaccines. The judgement related to a woman who was sacked from her job as a receptionist at a nursing home on the New South Wales south coast, after she had refused to get a flu shot last year when it was made mandatory by the New South Wales government.


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  • Trader sues UBS over stress induced mental health issues

    UK
    Employment
    UBS trader sues employer for ‘toxic’ London work environment and ‘punishing workload’
    A UBS Group trader is suing his employer claiming the “toxic” London work environment and “punishing workload” caused his mental health to deteriorate. Simon Rope, who has been unable to work since suffering a breakdown in 2018, is claiming upwards of £200,000 for negligence over an anxiety disorder which was caused by “the stress to which he was subjected in” the London office according to his lawyers. Documents filed at the High Court in February say that Rope’s stress symptoms first developed in 2016. By 2018 he was suffering from exhaustion after he was made responsible for trading around 3,500 different stocks along with three colleagues – a high workload for such a small team.

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  • Teacher unfairly dismissed after ‘locking’ pupil in ‘haunted’ cupboard

    UK
    Employment

    Teacher whose pupil lied about punishment wins claim for unfair dismissal
    A Blackburn teacher has won his employment tribunal claim for wrongful and unfair dismissal after a pupil lied about being locked in a cupboard as punishment for unruly behaviour. In January 2020 Mr Basit was teaching maths to a Year 9 class at Pleckgate High School when he asked “pupil A”, who was disengaged and appeared to be dozing, to stand at the back of the classroom. There was a large cupboard at the back and Basit made a comment to pupil A, a boy with hundreds of behaviour complaints against him and who enjoyed playing the “class clown”, which resulted in pupil A getting into the cupboard. He exited it a short time later. Unbeknown to Basit, pupil A and two others then made a complaint to the headteacher. Pupil B said Basit had forced A into the cupboard and statements were taken separately from each pupil. The three statements alleged a number of potentially unprofessional incidents, including Basit throwing a book, in class against the claimant relating to the afternoon in question and other occasions.

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  • Coronavirus: Cathay Pacific fires 'small number' of aircrew for not getting Covid-19 jabs

    Employment
    Airline had earlier started disciplinary proceedings against flight attendants and pilots who had refused to get vaccinated
    Cathay Pacific has fired a “small number” of aircrew for failing to get Covid-19 jabs without a valid medical reason, following through on an ultimatum to review the employment of pilots and flight attendants still unvaccinated by August 31. “Today we decided to part company with a small number of aircrew who had decided not to receive either of the two available Covid-19 vaccines and had not provided proof of medical exemption,” Hong Kong’s largest airline said in a statement on Wednesday. The carrier did not disclose the number of staff involved. The coronavirus pandemic had a huge impact on operations, and global border controls had dramatically reduced the company’s ability to operate with unvaccinated aircrew, it noted.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (07 October 2021)
  • PU(A) 293/2021
    Peraturan-Peraturan Pencegahan Dan Pengawalan Penyakit Berjangkit (Langkah-Langkah Di Dalam Kawasan Tempatan Jangkitan) (Pelan Pemulihan Negara) 2021
    PU(A) 293/2021
    Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas) (National Recovery Plan) Regulations 2021
    AKTA 686
    Akta Perdagangan Antarabangsa Mengenai Spesies Terancam 2008
    ACT 686
    International Trade in Endangered Species Act 2008
    AKTA 686
    Akta Perdagangan Antarabangsa Mengenai Spesies Terancam 2008
    ACT 686
    International Trade in Endangered Species Act 2008
    AKTA 331
    Akta Penyerahan Bahan Perpustakaan 1986
    ACT 331
    Deposit of Library Material Act 1986
  • Latest Revoked (13 October 2021)
  • PU(A) 343/2021
    Perintah Menteri-Menteri Kerajaan Persekutuan (No. 2) 2021
    PU(A) 343/2021
    Ministers of the Federal Government (No. 2) Order 2021



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