Event

Event

 

CPD Live | Fixed Term Contracts: Unraveling the Law and Debunking the Myths

8 Mar 2022 - Tue / 1 day / 3:00pm - 4:30pm / Zoom Webinar

The law recognises that employers have a right to employ employees on genuine fixed-term contracts.

However, fixed-term contracts come with a myriad of issues relating to employers’ and employees’ rights in termination or non-renewal.  One would think that the expiry of a fixed-term contract that has run its full term would mean the automatic cessation of employment.  On the contrary, allowing a fixed-term contract to expire without renewal may raise grounds for unfair dismissal claims.

This webinar aims to provide an overview of the principles of a fixed-term contract and discusses the following topics:

  • What amounts to a genuine fixed-term contract;
    • The three considerations propounded by the Federal Court in Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn Bhd [2020] 1 LNS 494;
  • Debunking the myths of fixed-term contract; and
  • How to mitigate the legal risks of fixed-term contracts.
Member: RM 20
Law Student: RM 10
Pupil in Chambers: RM 10
Non-Member: RM 60
Organisers: Bar Council

CPD Points: 1
Event Code:
T5/08032022/BC/BC224093/1

Description

The law recognises that employers have a right to employ employees on genuine fixed-term contracts.

However, fixed-term contracts come with a myriad of issues relating to employers’ and employees’ rights in termination or non-renewal.  One would think that the expiry of a fixed-term contract that has run its full term would mean the automatic cessation of employment.  On the contrary, allowing a fixed-term contract to expire without renewal may raise grounds for unfair dismissal claims.

This webinar aims to provide an overview of the principles of a fixed-term contract and discusses the following topics:

  • What amounts to a genuine fixed-term contract;
    • The three considerations propounded by the Federal Court in Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn Bhd [2020] 1 LNS 494;
  • Debunking the myths of fixed-term contract; and
  • How to mitigate the legal risks of fixed-term contracts.

Speaker

Wong Keat Ching is a partner in the Employment & Industrial Relations practice group at Zul Rafique & Partners (“ZRp”).  She graduated from the University of Nottingham, United Kingdom with a Bachelor of Arts in Law and subsequently obtained her Certificate in Legal Practice in Malaysia.  She was admitted as advocate and solicitor of the High Court of Malaya in 1998.

Keat Ching is an active litigator in Malaysian courts.  She has appeared in the Federal Court to argue issues such as the High Court’s supervisory powers over Industrial Court decisions, dismissal of trade union officials, proportionality of punishment and gender discrimination in retirement age.  She also handles contractual disputes in the civil courts.  Apart from cases involving discipline, investigation of misconduct and dismissal, Keat Ching also provides regular advice on corporate restructuring affecting employees, in particular mergers and acquisitions (“M&A”), voluntary separation scheme (“VSS”), restructuring of senior management positions, establishment and closure of foreign companies in Malaysia, as well as labour due diligence.

Terms and Conditions

Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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