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November 2018 Newsletter
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Dear friends

 Warm greetings from MWKA!

The Partners are pleased to announce the coming on board of our new Chief Operating Officer, Ms. Ann Quah and Chief Technology Officer, Ms. Lum Ying Mei, ending 2018 on a high note.

We are grateful to have Ann join us as she brings to the team her invaluable past experience in managing and growing the law faculty at a private University College and leading the business development department at an international organization for arbitration. She currently heads the in house legal team for an award winning Indonesian property development Company in its first foray to Malaysia. Ann supports MWKA as Chief Operating Officer whilst maintaining her in house legal portfolio.

We express our appreciation to Mei for serving as our Chief Operating Officer since 2011. She has established MWKA Technologies Pte Ltd in Singapore as a Research & Development unit focused on technology and has been engaged by clients to consult on a range of technology, strategy, branding, digital transformation and blockchain/ cryptocurrency initiatives. Mei now supports the firm as a consultant from MWKA Technologies Pte Ltd and as the firm’s Chief Technology Officer.

 

In this newsletter edition, we share some informative articles from our lawyers which we hope you find useful. We welcome your feedback and suggestions and on the content that you would like to read in our next edition.

As is always, please join us for our next Lunch Talk on "Employment Law - Retrenchment & Medical Boarding Out" scheduled for Wednesday 21.11.2018.  As this is the last Lunch Talk session for the year, kindly register early as places may be limited.

 
 
Thank you.

Yours faithfully,

Raymond Mah & Richard Wee
News & Articles
Join our Lunch Talk on Employment Law – Retrenchment & Medical Boarding Out

It is essential for an employer to ensure that the dismissal of an employee is fair and just, particularly when issues of retrenchment and medical boarding out arise. A transparent retrenchment process and a fair reason to medically board out an employee is essential. In some cases, failure or negligence to comply with the legal requirements or standard practice may expose employers to the risk of an unfair dismissal claim filed by an employee. Come join us as we discuss about the intricacies and technicalities of this area of Employment Law. (Download pdf brochure )
Read more
MWKA at the International Malaysian Law Conference 2018-Part 1

The International Malaysian Law Conference (“IMLC”) has come and gone. After four (4) days of intense and interesting discussions, debates and dialogues, we say goodbye to yet another successful Malaysian-Bar-curated-conference. Below is a summary web report of MahWengKwai & Associates (“MWKA”) at the IMLC 2018.
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Unfair Dismissal - From Termination to Industrial Court Award

by John ChanRaymond Mah

Malaysian employment law requires employers to have “just cause and excuse” before terminating their employees. The Courts have put employees security of tenure in employment on the same footing as that of ‘property right’. In Hong Leong Equipment Sdn. Bhd. v Liew Fook Chuan and Anor [1996] 1 MLJ 481 , Gopal Sri Ram JCA…
Read more
Money Laundering, Real Estate and the Legal Profession

by Richard Wee, Cheng Kaijie & Oh Jia Ling

This article intends to address the effect and consequences of money laundering over real estate and the legal profession in Malaysia. The flow of this article will be to extract the finer points of money laundering and how it usually comes into play; before cross-referring with real estate and the legal profession. Effectively, this write-up… 
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How to challenge a Tax Assessment - What can you do? 

by Christine TohRaymond Mah

In Malaysia, the burden of assessing tax liability is placed on the shoulders of the taxpayers, i.e.aself assessment tax system to encourage voluntary tax compliance and to reduce tax administration cost. However, the Director General of Inland Revenue (“
Director General”) has a wide discretion under the Income Tax Act 1967 to make an assessment…
Read more
Emerging Sports and Sports Law

 by Richard Wee, Lesley Lim and Kevin Seow

Sports has always been an important aspect of Malaysian culture. The love and spirit for sports will always be something embedded in every Malaysian’s soul. It also brings us together as one nation when we cheer on our nation’s athletes. Who could forget how we were glued to the screen, watching…
Read more
 

The difference between contract of service and contract for services (Part 1)

by Richard WeeJanessa Kok and Oh Jia Ling

There is a constant debate about a contract of service and a contract for services. While the difference in that phrase is a mere exchange of words of, “of” and “for”, there is a huge difference in the meaning. Briefly, a contract of service is an agreement (whether orally or in writing) binding on parties who…
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‘Live’ in the moment: The ongoing feud between sports broadcasters and live streamers

By Richard Wee and Samuella Kong

Sports and media have an intertwining relationship whereby it is not wrong to conclude that without such media coverage, sports may never have developed to its current position today. Traditionally, one would expect to be at a stadium or the sports arena to watch the game. Nonetheless, through broadcast and in recent times live streaming,…
Read more

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