T Thavalingam & Co has built a reputation as a premier employment and industrial relations boutique practice over the past two years. The firm has highly experienced practitioners serving as trusted advisers to a large number of employers, ranging from multinational conglomerates and government-linked companies to family-owned enterprises across industries including banking, finance, oil and gas, aviation, telecommunications and consumer goods. With one of the largest employer-focused practices in Malaysia, the firm’s attorneys offer in-depth expertise in contentious matters covering unfair dismissal, trade disputes, non-compliance actions, judicial reviews and appeals, in addition to advisory services relating to restructurings, staff discipline, statutory compliance, employment terms and conditions, and union negotiations. Managing partner Thavalingam Thavarajah leads Malaysia's preeminent employment practice.
Work highlights
Acting for MyTeksi in responding to an appeal before the Court of Appeal brought by a former driver who was stopped from utilising the GrabCar driver service application. This is a landmark decision as this is the first case in Malaysia where the status of e-hailing drivers has been challenged and it prevents a floodgate of claims initiated by e-hailing drivers to challenge their employment status in the future.
Successfully acted for QSR Brands, the operator of KFC and Pizza Hut, in a judicial review application to quash an Industrial Court award which had held that the claimant’s dismissal was without just cause and excuse. This case reinforces the principle of proportional punishment in employment law. The High Court confirmed that exceeding limits of authority under company policy constitutes serious misconduct warranting dismissal, setting an important precedent for justifying termination as a proportionate response to such non-compliance.
Key clients
Capital A, KPJ Healthcare, MARA Corporation, Measat Broadcast Network Systems, Novartis Corporation (Malaysia)
