[ESG] Dewan Negara Passes The Environmental Quality (Amendment) Bill 2023
The Dewan Negara has passed the Environmental Quality (Amendment) Bill 2023, introducing significantly higher penalties for environmental offences. Businesses are advised to enhance compliance.
If you have any queries, please contact the author, Hoi Jack S’ng (hjs@lh-ag.com).
[ENERGY, PROJECTS & INFRASTRUCTURE] Introducing the 5th Round of Competitive Bidding Process for Developing Large-Scale Solar
The Energy Commission is calling for bids for the fifth competitive bidding round for the Large-Scale Solar programme, otherwise known as LSS PETRA.
In this alert, Joyce Ong Kar Yee and Rona Arissha summarise the available packages and details of the programme.
If you have any queries, please contact Partner, Joyce Ong Kar Yee (oky@lh-ag.com).
[REGULATORY AND COMPLIANCE] Special Alert: Occupational Safety and Health (Amendment) Act 2022 Set To Take Effect on 1 June 2024
After more than two years since the bill was passed by Parliament, the Occupational Safety and Health (Amendment) Act 2022 (“Amendment Act”) will finally come into force on 1 June 2024.
In this alert, Partner Hoi Jack S’ng discusses the key changes brought about by the Amendment Act.
If you have any queries, please contact Associate, Aida Faralyana Binti Azlan (afa@lh-ag.com), or her team Partner, Hoi Jack S’ng (hjs@lh-ag.com).
[EMPLOYMENT] Special Alert: Employee-Shareholders – Can They Be Made Redundant?
The Industrial Court reaffirms established industrial relations principles that redundancy does not necessarily mean that the job or work no longer exists and considered the applicability of this principle to shareholders of a company who wore dual hats as employees and shareholders.
In this Alert, Partner Amardeep Singh Toor, Associate Wong Lien Taa, and Pupil Chua Wey Reun address a recent decision of the Industrial Court, whereby the dismissal of, among others, shareholders of a company who were concurrently employed on the grounds that their roles were made redundant following a cost-cutting exercise, was found to be with just cause or excuse.
If you have any queries, please contact Associate, Wong Lien Taa (wlt@lh-ag.com), or his team Partner, Amardeep Singh Toor (ast@lh-ag.com).
[CYBER DATA PRIVACY] Special Alert: Cyber Security Bill 2024: Is Your Company Ready?
Various aspects of cyber security in Malaysia are regulated by several key legislations such as the Computer Crimes Act 1997, Communications and Multimedia Act 1998, Personal Data Protection Act 2010, and the Penal Code.
With the recent spike in cyberattacks, the passing of the Cyber Security Bill 2024 on 27 March 2024 by the Dewan Rakyat marks a timely paradigm shift in the national cyber security management mechanism. Organisations therefore should take heed of the Bill and make the necessary preparations to comply with the numerous cyber security related responsibilities and obligations to avoid significant penalties for non-compliance.
If you have any queries, please contact CyberDataPrivacy lawyer, Arissa Ahrom (aa@lh-ag.com).
#lhagcdppractice
[EMPLOYMENT] High Court Clarifies Question of Chairman’s Jurisdiction to Hand Down Award
An aggrieved employee filed a judicial review application challenging the jurisdiction of an Industrial Court chairman to hand down the award which upheld his dismissal on the ground that the chairman did not preside over a single day of the trial.
In dismissing the application, the High Court clarified that despite not presiding over the trial, an incumbent chairman is seized with jurisdiction to decide on and deliver the final award in an industrial dispute. The court also reaffirmed the decision of the Industrial Court that dismissal as a punishment is not disproportionate in the banking industry where flagrant transgressions are proven.
In this alert, Partner, Nurul Aisyah Hassan, who successfully represented the client, discusses the recent decision of the High Court, which, inter alia, underscores the purpose and intent of the Industrial Relations Act 1967 in ensuring the speedy disposal of industrial disputes.
If you have any queries, kindly contact Partner, Nurul Aisyah Hassan (nah@lh-ag.com).
[ESG] Enhancing Corporate Governance in MSMEs
The draft Governance Code for Malaysian MSMEs is now open for public consultation. The proposed code aims to assist MSMEs in fostering long-term sustainability, attracting investment, and navigating the evolving business landscape.
If you have any queries, please contact the authors, Tan Hooi Ping (hpt@lh-ag.com) and Joyce Ong Kar Yee (oky@lh-ag.com).
[DISPUTE RESOLUTION] Special Alert: Apex Equity Sdn Bhd v Concrete Parade Sdn Bhd & Others (FC) – A Landmark Decision on Corporate Transactions and Shareholders’ Dispute
Recently, LHAG’s lawyers, Lambert Rasa-Ratnam and Chan Mun Yew, succeeded in representing their clients in a landmark Federal Court case concerning corporate law. This pivotal ruling overturned the Court of Appeal’s decision in a matter involving standard corporate transactions such as mergers & acquisitions and private placements, shedding light on crucial interpretations of the Companies Act 2016.
Explore the nuanced legal analysis and its implications for corporate transactions in this insightful summary.
If you have any queries, kindly contact Partner, Chan Mun Yew (myc@lh-ag.com), or Senior Partner, Lambert Rasa-Ratnam (lr@lh-ag.com)
[EMPLOYMENT] Understanding the Framework of Malaysia’s Anti-Sexual Harassment Tribunal
The Anti-Sexual Harassment (Tribunal For Anti-Sexual Harassment) Regulations 2024 came into effect on 8 March 2024. The Regulations establish the processes governing the adjudication of sexual harassment complaints within the Anti-Sexual Harassment Tribunal.
In this alert, Partner, Shariffullah Majeed, and Associate, Summer Chong, discuss the procedural framework for handling sexual harassment complaints within the Tribunal.
Our earlier insight on this topic can be found here.
If you have any queries, please contact Associate, Summer Chong Yue Han (yhc@lh-ag.com), Senior Associate, Arissa Ahrom (aa@lh-ag.com) or their team Partner, Shariffullah Majeed (sha@lh-ag.com).
[TAX, CUSTOMS & TRADE] Special Alert: Court of Appeal: Subsidiary Legislation and Customs’ Guidelines Cannot Supersede the Principal Act
Recently, the Court of Appeal released the Grounds of Judgment for Dyson Manufacturing Sdn Bhd v Ketua Pengarah Kastam. The case highlights, amongst others, the following points:
1. Subsidiary legislation must not be interpreted in a manner that conflicts with the principal Act.
2. The construction of statutes and written documents is a question of law for the Court. Customs’ guidelines on such matters have no force of law.
Furthermore, the Court of Appeal acknowledged that judicial review is the sole remedy available to taxpayers who are aggrieved by any GST bill of demand issued after the repeal of the GST Act 2014.
Dyson Manufacturing Sdn Bhd was successfully represented by Dato’ Nitin Nadkarni, Ivy Ling Yieng Ping, and Jay Fong Jia Sheng from the Tax, Customs & Trade Practice Group of Lee Hishammuddin Allen & Gledhill.
If you have any queries, please contact Associate, Jay Fong Jia Sheng (fjs@lh-ag.com), Partner, Ivy Ling Yieng Ping (il@lh-ag.com), or Consultant, Dato’ Nitin Nadkarni (nn@lh-ag.com).