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What is Retrenchment, Voluntary Separation Scheme (VSS) and Mutual Separation Scheme (MSS)

In this article, we will briefly discuss the ways in which an employee can be laid off, namely, retrenchment, voluntary separation scheme (VSS), and mutual separation scheme (mss). Retrenchment  Retrenchment occurs when a company discharges surplus labour or staff. It can be done in six situations (as shown in section 12(3) of the Employment Act),…
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November 12, 2020 0

A Quick Guide To An Offer To Settle

What is an offer to settle? An offer to settle is a legal gesture whereby a party to a trial proposes to settle his/ her gripe with the opposite party out of court before the matter is decided in its finality in court. The offer could come in myriad forms i.e. abstinence, compensation, or even…
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October 30, 2020 0

Rights Of Both Parties In A Tenancy Agreement

A tenancy agreement is an agreement entered between the owner of a property (the landlord) and an individual/ company (the tenant) where the landlord agrees to rent out the property to the tenant for a sum of money. During the tenancy period, what are the rights accorded to both parties? In this article, we will…
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October 25, 2020 0

What Is A Shadow Director?

What is a shadow director A shadow director is a director who:  Is not formally appointed by the company; Are usually the ones who are controlling/ commanding the formally appointed directors (de jure directors) in the background; and The instructions given by them are usually followed and carried out by members of the board of…
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October 6, 2020 0

What Is A Mareva Injunction?

What is a Mareva Injunction A Mareva injunction is a court order which temporarily restrains the party being sued (defendant) from disposing of his/ her assets until the determination of the case between the suing party (plaintiff) and the defendant. In PCW (Underwriting) Agencies Ltd v Dixon & Anor, the court noted that the sole…
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October 6, 2020 0

Dispute Resolution Clauses for Contract

Is litigation the only solution to a contractual dispute? The short answer is no. This is because, in reality, parties often have alternate ways to settle their dispute.  Today, we will talk about one such method that could potentially prevent parties from having to fight tooth and nail in court. However, this particular method only…
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September 19, 2020 0

The Coercion Conundrum

What is coercion in relation to contract If you look closely under the Contact Act 1950 (the Act), you will find two sections discussing what is coercion.  You will find the first one in section 15 of the Act. Under section 15, the Act defines coercion as the act of committing, or threatening to commit…
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September 7, 2020 0

To Stay Or Not To Stay An Execution

To kick start this article, let us briefly look at a scenario: A and B settle their dispute in court. A lost. A was ordered by the court to comply with a court order, which is, as we all would know by now, is in favor of B. Miffed, A filed an appeal. During this…
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August 21, 2020 0

Minority Oppression In A Company

Being a minority shareholder in a company is not a walk in the park. To give some context:  Minority shareholder votes are virtually meaningless unless they could garner the support of the majority shareholders;  They have to be on constant alert to the attempts by the majority shareholders to abuse their power to the detriment…
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August 10, 2020 0

Re-Litigating a Foreign Judgment : Is It Even Possible?

A and B fought out a dispute in a foreign court. At the end of it, one party won, while the other is left to sulk in a corner. Can the party who is sulking relitigate the matter locally? Let us find out by briefly looking at the recent High Court (Sibu) case of Wong…
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August 2, 2020 0