What clients have shared with us

Situation

An employee in a logistics company based in Pasir Gudang had her monthly salary reduced by 15% without prior notice or any written explanation. When she raised the issue verbally with her manager, she was told it was a temporary measure, but nothing was put in writing. After three months without restoration, she resigned and sought advice.

What We Did

We advised on the viability of a constructive dismissal representation under Section 20 of the Industrial Relations Act. We reviewed her employment contract, her resignation letter, and the payslips showing the reduction. We helped her understand the evidentiary standard and guided the preparation of her IRD lodgement within the 60-day window.

Outcome

The matter was resolved at IRD conciliation. The employer agreed to settle with a compensatory payment covering the salary differential and a goodwill sum. The case did not proceed to the Industrial Court. The client had a clear resolution within approximately three months of first consulting us.

Situation

An SME in Iskandar Malaysia needed to retrench seven employees following a restructuring. The HR manager had prepared a list of affected staff based on performance but had not documented the selection criteria or confirmed the correct termination benefit calculations under the 1980 Regulations.

What We Did

We reviewed the selection methodology and flagged potential exposure under the non-discrimination provisions. We calculated the statutory termination benefits for each affected employee and prepared the Form PK Notification of Retrenchment. We also drafted the individual termination letters and guided the HR manager through the process of delivering them.

Outcome

The retrenchment was completed without any Section 20 representations being filed. The employer attributed this in part to the care taken in communication and the fact that each letter included a clear explanation of the benefit calculation and payment timeline.

Situation

A manufacturing company received a Section 20 representation from a former employee dismissed following a domestic inquiry. The employee argued the inquiry process was procedurally flawed and the dismissal was without just cause or excuse. The matter was referred to the Industrial Court.

What We Did

We reviewed the domestic inquiry transcript, the show cause letter, and the employee's response. We identified the procedural gaps in the employer's inquiry and worked with the client to understand the evidence available. We drafted the statement of case, prepared three witnesses, and appeared at two pre-hearing case management sessions before a settlement was negotiated.

Outcome

The matter settled before the hearing commenced. The settlement figure was lower than the amount the claimant had initially sought. Our assessment at the outset had indicated that some procedural gaps in the inquiry process would likely be viewed unfavourably by the court, which we conveyed to our client when advising them on settlement parameters.