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Dear valued clients and partners,

In light of the recent Full Lockdown Movement Control Order 3.0, our CLJ offices will be temporarily closed from 1 June 2021 until further notice.

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The CLJLAW Team

  • CASE(S) HIGHLIGHT

  • DATUK SERI ANWAR IBRAHIM v. GOVERNMENT OF MALAYSIA & ANOR
    FEDERAL COURT, PUTRAJAYA
    ABDUL RAHMAN SEBLI FCJ; ZALEHA YUSOF FCJ; ZABARIAH MOHD YUSOF FCJ; HASNAH MOHAMMED HASHIM FCJ;
    MARY LIM FCJ; HARMINDAR SINGH DHALIWAL FCJ; RHODZARIAH BUJANG FCJ
    [CIVIL APPLICATION REVIEW NO: 08(RS)-1-03-2020(W)]
    22 OCTOBER 2020

    1. Breach of natural justice, whether under the bias or right to be heard rule, ought to be one of the matters to be included in the limited list for the court of last resort to exercise its jurisdiction to review its previous decision. Although it is not in all cases of such breach that the court may grant the exceptional course of reopening a proceeding already heard and decided, an aggrieved applicant may succeed if it is shown that the injustice caused is substantial and he is left with no effective alternative remedy. The court may of course also consider if the outcome would have been the same in any event if the applicant had been granted a full and fair hearing, in which case it may decline to review, it being an exercise in futility.

    2. The majority decision of the earlier panel of this court in refusing to hear the applicant on the constitutionality of the National Security Council Act 2016, Acts A566, A584 and A885, and art. 66(4) and (4A) of the Federal Constitution on the grounds that the constitutional questions had become abstract, academic and hypothetical on account of the applicant's failure to show any real and genuine interest in the subject matter which had been adversely affected by the decision, and hence his locus standi, had breached the audi alteram partem rule and resulted in grave injustice to the applicant. The injustice which should be something outside the merits of the case was firmly established when the applicant was denied the notice and opportunity to answer the issues. He also had been left with no other remedy, as an order for re-hearing would be futile and filing any further proceedings thereon would be res judicata. The court, further, was in no position to decide at this point if the outcome would have been the same if the applicant had been heard on the issue. The issue in relation to locus standi having merited serious consideration could not be dismissed offhand, thus, reopening the matter was warranted and it would not have been an exercise in futility.

    Read more




  • ARTICLE HIGHLIGHT

    U.S. tire maker Goodyear loses dispute against foreign workers in Malaysia

    Employment
    Goodyear ordered to settle wages owed to migrant workers
    Malaysia’s Industrial Court has ruled in favor of dozens of migrant workers in a labor dispute against American tire manufacturer Goodyear Tire & Rubber Co (GT.O), court documents showed on Thursday, amid accusations of unpaid wages and employee mistreatment at the firm’s Malaysian factory. A total of 184 migrant workers had filed five complaints against Goodyear Malaysia in 2019 and 2020 over non-compliance with a collective labor agreement, and are claiming about 5 million ringgit ($1.21 million) in unpaid wages. read more

    Read more




  • Man spotted in pub during sick leave was unfairly dismissed

    UK
    Employment
    Driver was illegally terminated
    A man dismissed from his job after being spotted drinking and smoking in a social club while on sick leave was unfairly dismissed, an employment tribunal has found. Colin Kane, 66, worked as a driver for a surfacing company, Debmat, in Ryton, Newcastle upon Tyne. The company employs about 150 people and does not have a dedicated HR department. Kane had suffered from chronic obstructive pulmonary disease (COPD) for several years and had periods of absence due to ill-health.

    Read more




  • CJI Ramana launches new SC mobile app; ‘Indicative Notes’ on landmark judgements on its website

    India
    Chief Justice of India (CJI) NV Ramana Wednesday launched a special facility for granting media access to the Supreme Court’s new mobile application even as he announced that the apex court’s website would have a new feature, called “Indicative Notes” that would aim to provide concise summaries of landmark judgments in an easy-to-understand format. This will, he said, serve as a useful resource for media persons and the general public who wish to be better informed about the rulings of the court.

    Read more




  • Workers' watchdog could ban sweat-shop clothes

    UK
    Employment
    New workers' watchdog will provide guidance to businesses on best practice
    The new body will be responsible for tackling modern slavery, enforcing the minimum wage and protecting agency workers. Currently these tasks are spread across three different bodies. It said it was looking at extra curbs targeting the garment sector including banning sales if brands' behaviour does not improve. The government is looking at these specific measures after reports of serious problems in the industry, the Department for Business, Energy and Industrial Strategy said.

    Read more




  • In a landmark judgment, the Federal Court found the environment minister has a duty of care to young people

    Australia
    This morning, the Australian Federal Court delivered a landmark judgement on climate change, marking an important moment in our history. The class action case was brought on behalf of all Australian children and teenagers, against Environment Minister Sussan Ley. Their aim was to prevent Ley from possibly approving the Whitehaven coal mine extension project, near Gunnedah in New South Wales. They argued that approving this project would endanger their future because of climate hazards, including causing them injury, ill health or death, and economic losses. The court dismissed the application to stop the minister from approving the extension. But that’s just the beginning.

    Read more Judgment




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (23 June 2021)
  • AKTA 50
    Akta Perubatan 1971
    ACT 50
    Medical Act 1971
  • Latest Revoked (22 June 2021)
  • PU(B) 174/2020
    Pelantikan Anggota Lembaga
    PU(B) 174/2020
    Appointment of Member of the Board



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