Employment & Industrial Relations Law – FAQs
Q1: I’ve been dismissed from work. What are my legal rights?
If you believe your dismissal was unfair or without just cause, you may file a representation under Section 20 of the Industrial Relations Act 1967. We can help assess your case and represent you at the Industrial Court or in a negotiated settlement.
Q2: Can I take legal action for workplace harassment or bullying?
Yes. We advise clients facing sexual harassment, bullying, or toxic work environments. Remedies can include internal complaints, legal action, and changes to workplace policy.
Q3: My employer is harassing me to such an extent that I can’t continue working. Is this constructive dismissal? Can I walk out of my employment and sue my employer for dismissing me?
It may well be constructive dismissal. However, constructive dismissal cases are difficult to establish in court unless there is strong evidence to support your claim that your employer has left you with no choice but to leave. Please be warned that for constructive dismissal cases, time is of the essence. We would recommend that you have a conversation with us before taking any further steps.
Q4: I'm an employer. How can I conduct a retrenchment exercise lawfully?
We guide employers through legally compliant redundancy and retrenchment processes, including proper notification, selection criteria, and severance packages.
Q5: What should be included in an employment contract in Malaysia?
We help employers and employees ensure that contracts comply with the Employment Act and reflect fair terms — including probation, termination, benefits, and non-compete clauses.
Q6: Do trade unions have the right to bargain collectively in Malaysia?
Yes. We advise and represent trade unions on recognition processes, collective agreements, and dispute resolution mechanisms under Malaysian law.
Family Law & Divorce – FAQs
Q1: What are my options for filing for divorce in Malaysia?
You can file for a joint petition (mutual agreement) or a single petition (contested). We will help you decide the best route based on your circumstances. You can also opt for a collaborative divorce, if your spouse is agreeable to this route.
Q2: How is child custody decided in Malaysia?
The court prioritises the best interests of the child. Custody may be granted solely or jointly, with the non-custodial parent typically having visitation rights.
Q3: What happens to our assets after divorce?
Assets acquired during the marriage are subject to equitable division. We assist in negotiating or litigating division of matrimonial property.
Q4: What is collaborative divorce and is it right for me?
It’s a non-adversarial process where both parties and their lawyers commit to resolving disputes without court intervention. We offer collaborative practice for couples seeking a dignified, respectful resolution.
Q5: Can I get maintenance or alimony after divorce?
Yes. Spousal and child maintenance can be claimed. We assist in seeking fair maintenance orders or negotiating settlements.
Civil Litigation & Dispute Resolution – FAQs
Q1: What types of disputes do you handle?
We handle a wide range of disputes including contractual issues, torts (e.g., negligence, defamation), constitutional challenges, and appeals.
Q2: Can you help with out-of-court settlements?
Absolutely. We offer mediation and negotiation services to resolve disputes efficiently and respectfully — especially where preserving relationships is important.
Q3: How long does a civil court case usually take in Malaysia?
Timelines vary based on complexity, court schedules, and cooperation between parties. We provide a realistic strategy and keep you informed every step of the way.
Q4: Do I need to attend court for every hearing?
Not always. For many interlocutory matters or procedural hearings, your lawyer can attend on your behalf. We’ll advise you when your presence is necessary.
Q5: Can I appeal a court decision?
Yes. We advise on appeals to the High Court, Court of Appeal, and Federal Court, and can assess the strength of your case.
Child Rights & Protection Law – FAQs
Q1: Can a child have their own legal representation in Malaysia?
Yes. In certain cases, especially involving abuse or neglect, children can be separately represented. We advocate for child voices to be heard in family and criminal courts.
Q2: I suspect a child is being abused. What should I do?
You should make a report to the authorities (e.g., JKM or the police). We can support you in taking protective legal steps, including interim court orders or urgent applications.
Q3: What is the legal age of consent and responsibility in Malaysia?
This varies depending on context (criminal law, child protection, contracts). We provide accurate legal interpretation and context-specific advice.
Q4: What is a care order under child law?
A care order gives the state temporary or long-term custody of a child for protection. We assist families navigating these difficult processes with dignity and clarity.
Q5: How do you support NGOs working in child protection?
We offer legal training, compliance checks, and representation in strategic litigation — supporting a rights-based framework for child advocacy work.
Art, Entertainment & Media Law – FAQs
Q1: Can I protect my artwork, music, or script in Malaysia?
Yes. Your creative work is automatically protected under copyright laws, but registration and contracts help secure your rights. We can help you navigate these steps.
Q2: Someone used my work without permission. What can I do?
You may have a claim for copyright infringement or unauthorised use. We’ll assess the breach and advise on remedies including takedown notices, damages, or legal action.
Q3: I’m signing a creative contract — what should I look out for?
We review and draft entertainment contracts with clear terms on payment, ownership, exclusivity, and termination. Creatives should never sign without clarity.
Q4: What legal risks do YouTubers, influencers, or podcasters face?
From defamation to brand contracts and privacy laws, digital creators face evolving legal landscapes. We offer bespoke legal support for content professionals.
Q5: Do you offer legal support to art collectives or non-profits?
Yes. We assist with governance, funding compliance, and legal protections for collaborative spaces. We’re part of the creative ecosystem ourselves.