As constructive dismissal cases continue to rise, there is a tendency to construct a claim even when there is no basis for it. The elements of what suffices for constructive dismissal are non-negotiable. Many an employee has fallen into the pitfall of acting prematurely. This session will provide guidance on the requisites for a successful constructive dismissal action, how to couch the action, and when to take action.
Selvamalar Alagaratnam was admitted as advocate and solicitor of the High Court of Malaya in 1994. She obtained her LLB (Hons) from the University of London in 1992 and the Certificate of Legal Practice (“CLP”) in 1993. She heads Skrine’s employment practice group.
Her main practice areas are employment advisory and compliance, employment disputes, employee fraud management and investigations, immigration, and medical negligence. She provides integrated support to clients in various industries on all employment / human resource-related matters, including compliance with all laws applicable to employment relationships; managing the exit of employees whether by way of collective reduction in force exercises or individual terminations for misconduct or poor performance; protection of confidential and proprietary information; investigations and disciplinary actions; trade unions on recognition and collective bargaining; dispute resolution at all levels; and business immigration.
Selvamalar also provides strategic advice on internal fraud management, advising clients on matters involving fraud perpetrated by employees, and the options available to organisations to obtain redress against wrongdoers. Her practice also extends to focus compliance on bribery and corruption, as well as acting for medical practitioners in negligence and malpractice suits.
Selvamalar is the Immediate Past Chair of the International Bar Association’s Employment & Industrial Relations Law Committee, General Secretary of the Malaysian Society for Labour and Social Security Laws (local chapter of International Society for Labour and Social Security Laws), and International Vice-Chair of the Outreach to International Lawyers Committee for American Bar Association Section of Labor and Employment.
Selvamalar is recognised as a “Thought Leader” in “Who’s Who Legal Thought Leaders: Labour & Employment”, “Leading Individual” for Employment & Industrial Relation by Chambers Asia-Pacific , “Leading Lawyer” by Asialaw Profiles, “Leading Individual” by Legal 500 Asia Pacific, and “Litigation Star” by Benchmark Litigation Asia Pacific.
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