What else can be done? Bring an action against your employer via labour court. Bear in mind that unless your employer dismiss you (unfair dismissal or constructive dismissal) your action should lies in labour court and not Industrial Relation court. Labour court is very informal, you are entitled to bring an action without the involvement of counsel.

In my very own opinion, if your colleagues are receiving the same treatment as you, you can bring a class action on behalf of the employee against the company through a civil action (not so sure about this, ask a lawyer who specialise in labour law), if you are treated differently from the rest, you can complain that you are discriminated in anyway in the labour court. Still you must think about your employer perspective, as they might be facing financial difficulties during such financial turmoil, the court will take that into consideration and the fact that your employer did pay your wages or salary and they did not purposely withhold your salary or wages in bad faith.

Thanks for the reply. Actually it happen to all the staff. Yes, it seem the company facing financial diffulties but who know what he do with the money right? He can kaw team with the accountant to make the company having financial problems. Problem is how come the chairman can affort to send his children to study oversea? How come they managed to have vacation at Europe while not paying our salaries?

Hi, I supposed you mean an appeal at the court of appeal AFTER a full trial in High Court? If it is an appeal against the High Court decision, it will be regarded as a Court of Appeal matter.

The fees for appeal in Court of Appeal will always be higher than an appeal in High Court.

Regardless, there is no "fixed" legal fees for an appeal. Usually the legal fees would depend on several factors:
1. complexity of the case (the more complex, the higher the fees as more work is required)
2. subject matter/value of the case
3. counsel you engaged (depends on the experience of the counsel, the more senior, the higher the fees, the more femes lawyer will obviously charge higher fees)

So in your case, it will be hard for Abam Beruang to comment whether is reasonable or not.

Usually a decent contract of employment would have confidentiality clause which prohibits the disclosure of the company's specific information such as trade secret without proper authorization. So in that case, the answer is NO, you should not disclose.

HOWEVER

If you disclose it and make it viral AND nobody can catch u and prove that it is coming from u, then....

This is similar to the situation of beating red lights without getting caught by traffic police, not getting caught doesnt mean it is right to do it.

Disclaimer: Abam Beruang is not inciting you to commit any offence

HAHAHAHA

This post has been edited by Abam_Beruang: Apr 18 2017, 05:29 PM

I suspect my neighbor is hacking a load bearing concrete wall in our condo. Not just hacking surface but all the way through exposing the steel reinforcement inside. I need to know what laws he has broken and the punishment before I report to the authorities. Thanks

Hi Lawyer,

WTA.
i see some company appointment letter write that if you resign from this company, you cannot be practising the same work at the competitor company. (Lets say you are a specialist engineer, like fire engineering consultant.)

I am wondering is this kind of appointment letter reasonable? and if you didnt comply, what can they do? Sue u / fine u, etc.?

2nd question.
if the appointment letter also mentioned that you shall not lobby job / work with the company's client / customer.. and if u didnt comply, what can happen?

Thanks.

when telco advertised unlimited and mislead public into thinking unlimited quota, whereas only giving unlimited speed but limited quota, what law have they broken?

Hi Abam_Beruang, wanted to ask you if my dad has a massive amount of credit card debt which is unpaid. Would the debts be eventually transferred to me in the future? If he is no longer in this world.

Hi, if we pay for the parking and something happened to our car, like damaged or item got stolen, but the Parking Stated they wont responsible for any damage or losses, can we still sue the parking operator under consumer protection act ?

Hmm...Credit card bills are unsecured loan. When your father passed away, the creditor (here, bank who provides the credit card facility) can choose to:

1. Sue your dad's estate for the outstanding sum - this happens when the estate still has left over to distribute to the beneficiaries after paying funeral fees, govt tax...etc

2. Write off the bill - this happens when there is nothing left to be claimed from your father's estate

Short answer, no, the bank won't sue u for your father's credit card debt if he passed away.

The standard "park at your own risk" disclaimer generally doesnt absolve the management/operator from any liability/responsibility due to the amendment to the consumer protection act which now recognizes unfair terms.

When such matters are brought to court or tribunal, they will consider all the relevant circumstances to decide whether such disclaimer is fair. It is important to note that, the burden is on the management/operator to prove that such term of a contract that excludes or restricts liability, or excludes rights, duties and liabilities, it is not without adequate justification.

In the event the court or tribunal come the conclusion that a contract or a term of a contract is either procedurally or substantively unfair or both, the court or the tribunal may declare the contract or the term of the contract as unenforceable or void.

Having said that, in reality, more often than not, these parking managements/operators generally have insured themselves. So in any unfortunate events, management/operators will normally just refer the matter to their respective insurance companies.

Hi, thanks for creating this thread,

I have chargeback dispute whereby I'm the Marchant. We encountered a scammer who made a false dispute to his credit card bank (issuer bank) that he never received items from us. The marketplace (acquiring bank) and issuer bank refused to corporate because as a merchant, we don't have the full details of the scammer. The marketplace (where merchant sells good) refused to give details to us. In the contract between us and the marketplace, the marketplace has the rights to hold the disputed amount. Meaning before the credit card bank charged the markeplace, the marketplace has already taken the fund from us. There is no proper black and white even email. Is this even right ?

for small matter, is it worth hiring a lawyer? who bears the cost if go to court or out of court settlement that favors u?

FYI, whistle-blowing act only cover those that report to the authority


I would say that you misread the small lettered Terms and Conditions

Hi,
i wanna ask again, when we buy electronics , theres a warranty void if remove sticker right?

lets say if we want to upgrade the ram of our laptop and we tear the warranty void sticker , after few month then the laptop failed, is it legal for manufacturer to void our warranty based on the sticker?

If in US they have a Magnuson–Moss Warranty Act, does we have a similar act to protect consumers ?

I honestly believe that big corps like these telcos normally have a long list of disclaimers to protect their interests. Normally on their advertisements, they will have fine prints or standard "terms and conditions" mumbo jumbo.

Assuming they really mislead the public on their advertisements, it may be an offence under Section 18 Trade Description Act 2011 which provides that “No person shall make any false or misleading statement in any advertisement in relation to any goods or services”.

Hi One of my close close close family member was bankrupt .long story but it wasn't his fault. So the question is.. he is now 56 years old and we are all concerning about his epf.. not sure how to withdraw later when times come . We are worried if withdraw regularly will causes the money confiscated by the insolvency..

Hmm i believe you are talking about those typical non-compete / restraint of trade clauses in employment agreement that prevent ppl from joining competitor company or stopping ppl from involving in the same trade after resign.

The answer is no. Generally those clauses are not enforceable in Malaysia due to s28 of Contracts Act 1950 which says every agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void.

Hi. Just wanted to ask a very general question.

Is there any way to summon someone that doesn't pay your debt.

Thanks!

Summon? Do you mean suing that person in court? You can always file a suit against a person who doesn't pay your debt. Of course it will depends on the court to determine whether you have a claim or not, evidentially speaking.