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Asia Pacific
Employment
Unfair/ Wrongful Dismissal
Australia
Herbert Smith Freehills
The Malaysian Court of Appeal in Gopala Krishnan Chettiar a/l Muthu v Sealand Marine Inspection and Testing (M) Sdn Bhd 2023] 4 MLJ 445 recently ruled that a director can also be considered...
Swaab
Although Ms Lattouf filed an unlawful termination dispute application with the FWC, this is not an unfair dismissal case.
Pointon Partners
Employers should exercise discretion in choosing to dismiss employees for being absent on their office days.
Swaab
Working from home instead of attending the office was not a valid reason for dismissal.
Sydney Criminal Lawyers
It is legal for your employer to check up using technology and other surveillance tools, provided rules are followed.
Jewell Hancock
In the circumstances, the QIRC held that downloading work documents to a personal device was a valid reason for dismissal.
Clifford Gouldson Lawyers
Part 1 of the Closing Loopholes Bill is anticipated to come into effect gradually in 2024.
Stacks Law Firm
The High Court held that improving business efficiency was not the real and substantial reason for the Qantas actions.
China
Shihui Partners
Labour and Employment Comparative Guide for the jurisdiction of China, check out our comparative guides section to compare across multiple countries
Hong Kong
Herbert Smith Freehills
The District Court in Hum Matthew Ta v Allied Way Security Management Limited [2024] HKDC 134 recently dismissed an employee's claim for wrongful dismissal against his former employer.
India
Kochhar & Co.
Labour and Employment Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
Lakshmikumaran & Sridharan
In India, workforce is technically categorised as ‘workmen' and ‘non-workmen/employees'. Workmen are typically those who work on the shopfloor in a manufacturing set-up...
Indonesia
SSEK Law Firm
Labour and Employment Comparative Guide for the jurisdiction of Indonesia, check out our comparative guides section to compare across multiple countries
Japan
Iwata Godo
Labour and Employment Comparative Guide for the jurisdiction of Japan, check out our comparative guides section to compare across multiple countries
Malaysia
Lee Hishammuddin Allen & Gledhill
The former employee ("former employee") filed an application for leave to apply for judicial review against his former employer, Petroliam Nasional Berhad ("Petronas").
Lee Hishammuddin Allen & Gledhill
The Claimant was heading a division of the Sales Department and was dismissed on the grounds of redundancy. This arose following a restructuring exercise to: (a) optimise and flatten...
Donovan & Ho
In the complex realm of employment law, unfair dismissal claims can be a challenging battleground for both employers and employees.
Donovan & Ho
What are the implications when an employee embarks on a new job with a different employer without formally resigning from their existing position?
Donovan & Ho
In unfair dismissal claims, the primary remedy is reinstatement. While it is generally rare for an employer to offer reinstatement to a recently dismissed employee, there are still some reported instances where employers do make such offers.
Donovan & Ho
In the wake of the global pandemic, workplaces faced unprecedented disruptions. One such challenge was managing emergency leave due to the pandemic due to lockdowns, restrictions in movements, and the rise of remote working.
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