ASSOCIATION OF INSURANCE EMPLOYERS (AIE)
Advised and successfully represented the Industry in Collective Trade Dispute proceedings against the National Union of Commercial Workers both in the Industrial Court and via direct negotiations.
Advised the Group following the rationalization of the Multi-Purpose, Kamunting and E&O Group and the reorganization which followed the exit of the Bank from the Group.
Represented the Bank in Public Law proceedings to contest the legality of the expansion of the scope of the Association of Bank Officers. The exposure was estimated at RM 170 million.
Advised the Group in:
- legal and employment issues arising from the merger and integration of the AmFinance and AmBank units into AmBank (M) Berhad.
- legal and employment issues arising from the merger of MBf Cards (Msia) Sdn Bhd with Ambank (M) Berhad and MBf Cards (Msia) Sdn Bhd; and the merger of Kurnia with Ambank Group.
Successfully represented the Bank in:
- a landmark case which upheld the formation of the 1st in-house union in the clerical grade in the Banking sector (Kesatuan Kebangsaan Pekerja-pekerja Bank (NUBE) v Ketua Pengarah Kesatuan Sekerja (DGTU) & Ors [2006] 1 LNS 289).
- a public law challenge against the decision of the Minister of Human Resources declining to entertain a claim for collective bargaining by the National Union of Bank Employees (NUBE) (Kesatuan Kebangsaan Pekerja-pekerja Bank v Menteri Sumber Manusia & Ors [2011] 10 CLJ 330).
- a collective agreement dispute for employees in East Malaysia (National Union of Bank Employees v AmBank (M) Bhd [2011] 2 LNS 1629).
- Successfully represented the Bank in Public Law proceedings to contest the legality of the expansion of the scope of the Association of Bank Officers. The exposure was estimated at RM 300 million.
- Successfully represented the Bank in Ambank (M) Berhad v Menteri Sumber Malaysia & Anor and other appeal [2014] 1 LNS 686 which led to a striking off of the trade dispute proceedings filed by ABOM.
- Acted for the Bank to preserve its system of variable rewards and to uphold the value add principle as the premise for annual increment claims in Persatuan Pegawai-Pegawai Bank Semenanjung Malaysia v Ambank (M) Berhad [2019] 4 ILR 58 and Persatuan Pegawai-Pegawai Bank Semenanjung Malaysia v Ambank (M) Berhad [2019] 2 LNS 2605. These decisions preserved the Bank’s unique system of variable rewards.
- Obtained an urgent stay of the Order of the High Court of Malaya to resist a Writ of Seizure proceeding by a former employee.
We then proceeded to take over conduct and to represent the Bank in a landmark public law case which held that a decision by a public authority, i.e the EPF, in exercise of its investigative powers was not amenable to judicial review – at the Court of Appeal in Civil Appeal No.: W-02(A)-1498-08/2016 and W-02(A)-1541-08/2016 and before a 7 member Panel of the Federal Court Civil Appeal No.: 08-57-02/2018(w) and 08-56-02/2018(w) Tan Giap How v AmInvestment Bank Berhad & 1 Ors.
- Successfully represented the Bank in a claim under Section 20 of the Industrial Relations Act 1967 – Award No. 2289 of 2022 Putri Rabiatuladawidah Binti Othman involving the role of a 2nd authorizer role in a banking transaction.Successfully represented the Bank in a Judicial Review proceeding (Ambank (M) Berhad v Zaini Ibrahim & Anor [2016] 1 LNS 667) where the High Court of Malaya allowed the Bank’s application to quash the Industrial Court’s Award involving employees who placed the order for a bouquet of white flowers with the message R.I.P to their branch manager.
- Successfully represented the Bank in Tan Lang Yik v AmBank (M) Berhad [2019] 2 LNS 2864 involving an employee who was dismissed for her negligence which enabled the Assistant Branch Manager to perpetrate a serious fraud.
- Successfully represented the Bank in the Court of Appeal in Civil Appeal No. W-01(A)-619-11/2020 involving an employee who was dismissed for the non-compliance of Directives issued by the highest authority of the Bank i.e. the Group Chief Executive Officer.
- Advisorial services in relation to regulatory issues under the purview of BNM and SC.
AZINAL SDN BHD
- Took over civil proceedings and obtained a stay of an interim mandatory injunction.
- Successfully acted for the Company in defending a claim arising from a family dispute involving a claim of constructive trusts – in the Court of Appeal and Federal Court Civil Appeal No.: 02(f)-16/03/2020 (W) Abdul Ravuff bin Datuk A.S. Dawood & 5 Ors v Azinal Sdn Bhd.
Advised and successfully represented the Bank in fiduciary and regulatory issues involving its products and services both in public and private law proceedings.
- Appointed by Hay Consultants to advise upon the migration and integration of staff following the acquisition of assets and liabilities of Bank Bumiputera Malaysia Berhad.
- Successfully represented Bank Muamalat (successor of BBMB) in a public law dispute over the reclassification of employees.
- Successfully represented the Hotel in a claim for recognition. A landmark case which upheld the secret ballot method as the preferred method for resolution (Menteri Sumber Manusia & Ors v Kesatuan Kebangsaan Pekerja-pekerja Hotel, Bar and Restaurant Semenanjung Malaysia & Another [1998] 1 CLJ 215).
- Initiated Judicial Review proceedings and successfully quashed the Wage Claims which were granted by the Industrial Court to the Union in CDL Hotels (Malaysia) Sdn Bhd v Kesatuan Kebangsaan Pekerja-Pekerja Hotel Bar dan Restoran Semenanjung Malaysia & Anor [2019] 1 LNS 976.
Successfully represented the Company in fiduciary disputes arising from the sale and marketing of its products and services, the interference with proprietary rights and interests.
- Advised the Group on corporate rationalization following its de-merger with BRDB, Multi-Purpose Corporation and Kamunting Corporation.
- Advised on legal issues arising from the successive re-development and re-positioning of the E&O Hotel, George Town and Lone Pine, Batu Ferringhi.
- We have represented investors on the acquisition of real estate products offered by the Group in Kuala Lumpur and Penang.
- Acted for the Company and its subsidiary to defeat an easement claim and striking out actions against the parent company (E&O Trading Sdn Bhd v Americk Sing Sidhu & Ors [2018] 7 CLJ 685) GuocoLand (Malaysia) Berhad).
- Advised the Group in connection with a general downsizing exercise with end-to-end support as well as the exit of various business segments coupled with targeted downsizing initiatives. We had also advised the Group in regard to fiduciary claims and issues.
Advised the Group in relation to its Hotel Assets in Penang, commercial agreements and structures & successive redevelopment exercises of the property since 1996.
- Represented the new owners in the completion and post completion of the acquisition and re-development of the Casuarina Hotel, Penang into the Hard Rock Hotel.
- We had rendered legal advise and support for the process of closure, employee migration and downsizing and the re-structuring of the business into a new business model.
Successfully represented the Bank in Industrial Law proceedings: Mohd Faizal bin Umar v Hong Leong Bank Berhad [2021] 2 LNS 1199.
We had advised the Group on a wide range of issues arising from the Covid 19 measures, reorganization and divestment initiatives, the closure of business units and business rationalization. We had also advised the Group on contractual and reward structures.
Provided legal support to IIB and their advisors Ernst & Young in regard to:
- fiduciary issues;
- the law relating to procurement, tenders and Corporate Governance;
- forensic audits and regulatory issues arising;
- employment law issues including the case of Anandraj a/l Vadivellu v Iskandar Investment Berhad [2020] 1 LNS 354 in the High Court which concerned the allegation of premature retirement pursuant to the Minimum Retirement Age Act 2012.
- Successfully obtained a variation order over a collective agreement in a landmark case of Prestige Ceramics Sdn Bhd v Kesatuan Pekerja Pembuatan Barangan Bukan Logam & Anor [2001] 5 CLJ 354.
- Successfully restructured the collective agreement of Prestige in successive awards of the Court (Prestige Ceramics Sdn Bhd v Kesatuan Sekerja Pembuatan Barangan Galian Bukan Logam [2006] 2 LNS 0861; [2004] 1 ILR 1177).
- Advised the Group on commercial contracts, employment issues, procurement and consultancy structures.
Advised upon and/or successfully represented Khazanah Nasional Berhad in:
- Legal and strategic issues in the GLC transformation plan and drafted parts of the GLC Transformation Manual;
- Forensic audits and fiduciary issues involving GLCs and investee companies;
- The establishment of a unit in India and Permenant (PE) establishment issues arising;
- The reorganization of GLCs eg Telekom Malaysia;
- Employment migration within Malaysia and globally;
- Advising investee companies of tender/procurement laws, regulations, procedures & Corporate Governance principles;
- Successfully represented KNB in legal proceedings concerning breaches of fiduciary duty.
- Successfully represented its subsidiary Blue Archipelago Berhad in its claims against the Insurer for damages / rectification costs for its project structure in the High Court of Kuala Terengganu.
- Successfully represented the Company’s subsidiaries in Industrial Law proceedings:
- Award No 255 of 2023 in between Raja Halim Muadzam Shah Bin Raja Kassim v Themed Attractions Resorts and Hotels Sdn Bhd
- Award No. 2523 of 2022 in between Azry Affiry Bin Benyamin v Desaru South Course Sdn. Bhd.
- Advised and represented the Group in numerous disputes with the National Union of Banking Employees in the field of Employment Law, Public Law and Defamation at all levels of the court hierarchy.
- We had successfully struck off proceedings against the Bank for injunctive and declaratory reliefs resulting n the upliftment of the said injunctions.
- Successfully represented the Bank in defamation proceedings against officers of the National Union of Bank Employees, in a several cases where the applicability of the immunity provisions of the Trade Unions at 1959 was resisted.
MALAYAN COMMERCIAL BANK'S ASSOCIATION
- Rendered legal advise on issues arising from the consolidation of the Banking Sector and bank mergers.
- Represented the Industry in Collective Trade dispute proceedings involving the National Union of Bank Employees (NUBE) and the Association of Bank Officers (AMBOM) as well as the Sarawak and Sabah Bank Employees Unions’.
- Advised MSIG in the acquisition of Aviva Assurance and subsequently Hong Leong Assurance and legal issues connected with the migration and the integration units.
- Successfully defended MSIG in a significant claim over its Pension Trusts.
Advised on numerous re-organization exercises for the past 15 years and alignment of local units with its global counterparts e.g.:
- Rationalization of East-Malaysia businesses
- Virtual Workplace Program
- Rework Centre
- World Services Group outsourcing exercises to Accenture
- Outsourcing of Storage Solution
- Advised upon the acquisition of TData Corporation Sdn Bhd (Malaysia)
Successfully represented the Company in industrial law proceedings by the Claimant who had been retrenched – Award No.1811 of 2021 between Muhamad Khairiaidi Bin Fiddin v Pakatan Reka Arkitek Sdn. Bhd.
- Advised upon the legal issues between medical consultants and the owners, contractual structures and issues arising from an investment scheme for Consultants and others.
- Successfully represented SJMC in successive claims by Consultants over their Contracts. In this regard we have represented them in injunctive applications, public law disputes, proceedings before the Industrial Court and appellate courts. (David Vanniasingham Ramanathan v Subang Jaya Medical Centre Sdn Bhd [2007] 1 CLJ 107).
Successfully represented the Hotel in public law challenges arising from a trade union’s claim for recognition.
Rendered advice on Manpower Rationalization and other reorganization initiatives following a correction in developmental activities.
- Advised the Group on numerous legal and employment issues arising from the largest merger exercises in the country i.e. between Sime Darby Group, Guthrie and Golden Hope e.g. migration of business and personnel, harmonization of contracts etc.
- Advised the Group on fiduciary issues and forensic audits over:
- The cost escalations and civil engineering contracts the Bakun Hydro-Electric Project;
- Futures Trading Losses in Golden Jomalina Food Industries Sdn Bhd and tender issues in Tractors Malaysia Berhad.
- Advised upon regulatory issues over professional accounting firms and action taken thereon.
- Advised the Automotive Division in regards to the acquisition of the Porsche and BMW marques and the reorganization of AMIS Manufacturing Assets.
- Successfully represented the Group in an employment law claim by a Senior employee against his mobilization to the Bakun Project (Zulkifli Abdul v Sime Engineering Services Berhad [2011] 2 LNS 0127).
Rendered comprehensive advisory services for a multi-pronged downsizing strategy on a mandate to reduce headcount efficiently.
- Advised on the reorganization, realignment and transformation of the Sun into a free newspaper. This paved the way for the turnaround of the paper and its integration into the Nexnews Group.
- Successfully defended legal challenges by the employees and Union against the scheme in (Vijian Paramasivam & Ors v Sun Media Corporation Sdn Bhd [2009] 4 ILR 372 and Sun Media Corporation Sdn Bhd v National Union of Journalists Malaysia [2002] 2 ILR 1032i).
- Successfully represented the Company in the high profile dismissals of Ganesh Sahathevan and Baradan Kuppusamy. (Sun Media Group Sdn Bhd v Ganesh Sahathevan [2006] 2 ILR 1057); and Baradan Kuppusamy (Sun Media Corporation Sdn Bhd v Baradan Kuppusamy [2013] 2 LNS 0422).
- Successfully represented the Company in Mohd Sharim Mohd Tamrin v Sun Media Corporation Sdn Bhd [2018] 2 LNS 2461 before the Industrial Court against claims for constructive dismissal.
Advised to the Group in relation to numerous restructuring, acquisition, reorganization & downsizing exercises which affected numerous sectors including commodities, and hospitality businesses.
- Advised the Group in the field of dispute resolution.
- Successfully concluded the Collective Agreement disputes involving the national Union of Journalists and successfully defended the Company against collective claims made thereon.
- Represented the Media Division in its challenge against a Claimant for Recognition by the National Union of Newspaper Workers (NUNW).
- Successfully defended the Company in a claim by a Union leader who had been dismissed for defaming the Company and its management. (See: Amran Ahmad lwn. Utusan Melayu (Malaysia) Bhd [2017] 4 ILR 546)