This article discusses sexual harassment in the workplace in Malaysia. It notes that while there is no specific law governing sexual harassment, 7 out of 10 female employees reported being sexually harassed based on international surveys. The article defines sexual harassment and outlines legal remedies available, such as making a complaint under employment law or filing a police report for criminal charges under the Penal Code. While the intention of the harasser is irrelevant, the victim must be able to prove the allegation with evidence. The article concludes by explaining existing legal protections for victims of sexual harassment in Malaysia in the absence of a dedicated law.
This article discusses the legal concept of occupier's liability and whether a store owner would be responsible if a customer slipped and fell on their wet floor. It analyzes a scenario where a customer enters a store to shop but slips on a recently mopped floor without any warning signs. The article concludes that as the occupier, the store owner owed a duty of care to warn customers of any unusual dangers, such as a wet floor, and that by failing to place warning signs, the owner could be found negligent if the customer was injured in the fall.
This document is a loan amortization schedule for a $3,406,232.87 commercial loan taken out in 2013 at 3% annual interest over 30 years. It shows the monthly payment amount, interest paid, principal paid, and outstanding balance over the life of the loan. It also includes totals for interest paid, principal paid, and total payments over the loan term.
allstate Highlights & Chairman's Letter 2002finance7
The document provides an annual report from The Allstate Corporation for the year 2002. It summarizes the company's financial highlights for 2002, noting increases in revenues, total assets, and operating income compared to 2001. It also includes a message from the Chairman, Edward M. Liddy, who discusses Allstate's strategy, priorities, and accomplishments in 2002, including improved financial results, risk management actions, and business transformations to broaden offerings and customer base. He expresses confidence in Allstate's position and strategy for continued growth and profitability.
The document discusses the effects of a fixed term employment contract under Malaysian law. It provides the following key points:
1) Employers sometimes use fixed term contracts to avoid continuing employment or limiting compensation if termination is deemed unlawful.
2) However, Malaysian law recognizes some fixed term contracts are actually continuous employment contracts disguised as fixed term.
3) The court will examine the intention of the parties and circumstances to determine if the contract was genuinely fixed term or continuous employment. Evidence the employer intended renewal or the employee had expectation of renewal points to a continuous contract.
The document summarizes the rights of photographers in Malaysia and the laws relating to photography. It discusses that photographers generally have the right to take photographs in public places without permission. However, certain private property owners can prohibit photography on their premises. Photographers may face objections from security guards but their right to freedom of expression is protected under the Federal Constitution. The document also briefly discusses the rights of subjects in photographs.
This issue of the Legal Cauldron from Jayadeep Hari & Jamil sheds light on the issue of rogue directors, liquidated ascertained damages and the requirements to purchase a new property in Malaysia.
Apart from that, we have also included overviews on two of the most talked about legislation in recent years - the Consumer Protection (Electronic Trade Transactions) Regulations 2012 and the Financial Services Act 2013 and the Islamic Financial Services Act 2013.
This document contains an article summarizing the onerous duties and significant liabilities faced by directors of companies in Malaysia. It discusses how directors are generally defined and why their role has received increased scrutiny. Directors can be held personally liable for breaches of their fiduciary duty to the company or failures to comply with statutory requirements, and face penalties like sanctions or criminal charges. Overall the article aims to serve as a guide on the substantial legal exposure directors take on through their important role of overseeing a company.
This document is a newsletter from the law firm Jayadeep Hari & Jamil Advocates and Solicitors. It provides information on the firm's offices and contact details. The newsletter also includes articles on legal topics such as group insurance policies, rear-end collisions, and the liability of company directors. It discusses events held by the firm such as a family day outing and a movie day with orphans. The editor's message introduces new staff and discusses the firm's expanded scope of services.
This article discusses the legal concept of occupier's liability and whether a store owner would be responsible if a customer slipped and fell on their wet floor. It analyzes a scenario where a customer enters a store to shop but slips on a recently mopped floor without any warning signs. The article concludes that as the occupier, the store owner owed a duty of care to warn customers of any unusual dangers, such as a wet floor, and that by failing to place warning signs, the owner could be found negligent if the customer was injured in the fall.
This document is a loan amortization schedule for a $3,406,232.87 commercial loan taken out in 2013 at 3% annual interest over 30 years. It shows the monthly payment amount, interest paid, principal paid, and outstanding balance over the life of the loan. It also includes totals for interest paid, principal paid, and total payments over the loan term.
allstate Highlights & Chairman's Letter 2002finance7
The document provides an annual report from The Allstate Corporation for the year 2002. It summarizes the company's financial highlights for 2002, noting increases in revenues, total assets, and operating income compared to 2001. It also includes a message from the Chairman, Edward M. Liddy, who discusses Allstate's strategy, priorities, and accomplishments in 2002, including improved financial results, risk management actions, and business transformations to broaden offerings and customer base. He expresses confidence in Allstate's position and strategy for continued growth and profitability.
The document discusses the effects of a fixed term employment contract under Malaysian law. It provides the following key points:
1) Employers sometimes use fixed term contracts to avoid continuing employment or limiting compensation if termination is deemed unlawful.
2) However, Malaysian law recognizes some fixed term contracts are actually continuous employment contracts disguised as fixed term.
3) The court will examine the intention of the parties and circumstances to determine if the contract was genuinely fixed term or continuous employment. Evidence the employer intended renewal or the employee had expectation of renewal points to a continuous contract.
The document summarizes the rights of photographers in Malaysia and the laws relating to photography. It discusses that photographers generally have the right to take photographs in public places without permission. However, certain private property owners can prohibit photography on their premises. Photographers may face objections from security guards but their right to freedom of expression is protected under the Federal Constitution. The document also briefly discusses the rights of subjects in photographs.
This issue of the Legal Cauldron from Jayadeep Hari & Jamil sheds light on the issue of rogue directors, liquidated ascertained damages and the requirements to purchase a new property in Malaysia.
Apart from that, we have also included overviews on two of the most talked about legislation in recent years - the Consumer Protection (Electronic Trade Transactions) Regulations 2012 and the Financial Services Act 2013 and the Islamic Financial Services Act 2013.
This document contains an article summarizing the onerous duties and significant liabilities faced by directors of companies in Malaysia. It discusses how directors are generally defined and why their role has received increased scrutiny. Directors can be held personally liable for breaches of their fiduciary duty to the company or failures to comply with statutory requirements, and face penalties like sanctions or criminal charges. Overall the article aims to serve as a guide on the substantial legal exposure directors take on through their important role of overseeing a company.
This document is a newsletter from the law firm Jayadeep Hari & Jamil Advocates and Solicitors. It provides information on the firm's offices and contact details. The newsletter also includes articles on legal topics such as group insurance policies, rear-end collisions, and the liability of company directors. It discusses events held by the firm such as a family day outing and a movie day with orphans. The editor's message introduces new staff and discusses the firm's expanded scope of services.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
2024 State of Marketing Report – by HubspotMarius Sescu
https://www.hubspot.com/state-of-marketing
· Scaling relationships and proving ROI
· Social media is the place for search, sales, and service
· Authentic influencer partnerships fuel brand growth
· The strongest connections happen via call, click, chat, and camera.
· Time saved with AI leads to more creative work
· Seeking: A single source of truth
· TLDR; Get on social, try AI, and align your systems.
· More human marketing, powered by robots
ChatGPT is a revolutionary addition to the world since its introduction in 2022. A big shift in the sector of information gathering and processing happened because of this chatbot. What is the story of ChatGPT? How is the bot responding to prompts and generating contents? Swipe through these slides prepared by Expeed Software, a web development company regarding the development and technical intricacies of ChatGPT!
Product Design Trends in 2024 | Teenage EngineeringsPixeldarts
The realm of product design is a constantly changing environment where technology and style intersect. Every year introduces fresh challenges and exciting trends that mold the future of this captivating art form. In this piece, we delve into the significant trends set to influence the look and functionality of product design in the year 2024.
How Race, Age and Gender Shape Attitudes Towards Mental HealthThinkNow
Mental health has been in the news quite a bit lately. Dozens of U.S. states are currently suing Meta for contributing to the youth mental health crisis by inserting addictive features into their products, while the U.S. Surgeon General is touring the nation to bring awareness to the growing epidemic of loneliness and isolation. The country has endured periods of low national morale, such as in the 1970s when high inflation and the energy crisis worsened public sentiment following the Vietnam War. The current mood, however, feels different. Gallup recently reported that national mental health is at an all-time low, with few bright spots to lift spirits.
To better understand how Americans are feeling and their attitudes towards mental health in general, ThinkNow conducted a nationally representative quantitative survey of 1,500 respondents and found some interesting differences among ethnic, age and gender groups.
Technology
For example, 52% agree that technology and social media have a negative impact on mental health, but when broken out by race, 61% of Whites felt technology had a negative effect, and only 48% of Hispanics thought it did.
While technology has helped us keep in touch with friends and family in faraway places, it appears to have degraded our ability to connect in person. Staying connected online is a double-edged sword since the same news feed that brings us pictures of the grandkids and fluffy kittens also feeds us news about the wars in Israel and Ukraine, the dysfunction in Washington, the latest mass shooting and the climate crisis.
Hispanics may have a built-in defense against the isolation technology breeds, owing to their large, multigenerational households, strong social support systems, and tendency to use social media to stay connected with relatives abroad.
Age and Gender
When asked how individuals rate their mental health, men rate it higher than women by 11 percentage points, and Baby Boomers rank it highest at 83%, saying it’s good or excellent vs. 57% of Gen Z saying the same.
Gen Z spends the most amount of time on social media, so the notion that social media negatively affects mental health appears to be correlated. Unfortunately, Gen Z is also the generation that’s least comfortable discussing mental health concerns with healthcare professionals. Only 40% of them state they’re comfortable discussing their issues with a professional compared to 60% of Millennials and 65% of Boomers.
Race Affects Attitudes
As seen in previous research conducted by ThinkNow, Asian Americans lag other groups when it comes to awareness of mental health issues. Twenty-four percent of Asian Americans believe that having a mental health issue is a sign of weakness compared to the 16% average for all groups. Asians are also considerably less likely to be aware of mental health services in their communities (42% vs. 55%) and most likely to seek out information on social media (51% vs. 35%).
AI Trends in Creative Operations 2024 by Artwork Flow.pdfmarketingartwork
Creative operations teams expect increased AI use in 2024. Currently, over half of tasks are not AI-enabled, but this is expected to decrease in the coming year. ChatGPT is the most popular AI tool currently. Business leaders are more actively exploring AI benefits than individual contributors. Most respondents do not believe AI will impact workforce size in 2024. However, some inhibitions still exist around AI accuracy and lack of understanding. Creatives primarily want to use AI to save time on mundane tasks and boost productivity.
Organizational culture includes values, norms, systems, symbols, language, assumptions, beliefs, and habits that influence employee behaviors and how people interpret those behaviors. It is important because culture can help or hinder a company's success. Some key aspects of Netflix's culture that help it achieve results include hiring smartly so every position has stars, focusing on attitude over just aptitude, and having a strict policy against peacocks, whiners, and jerks.
PEPSICO Presentation to CAGNY Conference Feb 2024Neil Kimberley
PepsiCo provided a safe harbor statement noting that any forward-looking statements are based on currently available information and are subject to risks and uncertainties. It also provided information on non-GAAP measures and directing readers to its website for disclosure and reconciliation. The document then discussed PepsiCo's business overview, including that it is a global beverage and convenient food company with iconic brands, $91 billion in net revenue in 2023, and nearly $14 billion in core operating profit. It operates through a divisional structure with a focus on local consumers.
Content Methodology: A Best Practices Report (Webinar)contently
This document provides an overview of content methodology best practices. It defines content methodology as establishing objectives, KPIs, and a culture of continuous learning and iteration. An effective methodology focuses on connecting with audiences, creating optimal content, and optimizing processes. It also discusses why a methodology is needed due to the competitive landscape, proliferation of channels, and opportunities for improvement. Components of an effective methodology include defining objectives and KPIs, audience analysis, identifying opportunities, and evaluating resources. The document concludes with recommendations around creating a content plan, testing and optimizing content over 90 days.
How to Prepare For a Successful Job Search for 2024Albert Qian
The document provides guidance on preparing a job search for 2024. It discusses the state of the job market, focusing on growth in AI and healthcare but also continued layoffs. It recommends figuring out what you want to do by researching interests and skills, then conducting informational interviews. The job search should involve building a personal brand on LinkedIn, actively applying to jobs, tailoring resumes and interviews, maintaining job hunting as a habit, and continuing self-improvement. Once hired, the document advises setting new goals and keeping skills and networking active in case of future opportunities.
A report by thenetworkone and Kurio.
The contributing experts and agencies are (in an alphabetical order): Sylwia Rytel, Social Media Supervisor, 180heartbeats + JUNG v MATT (PL), Sharlene Jenner, Vice President - Director of Engagement Strategy, Abelson Taylor (USA), Alex Casanovas, Digital Director, Atrevia (ES), Dora Beilin, Senior Social Strategist, Barrett Hoffher (USA), Min Seo, Campaign Director, Brand New Agency (KR), Deshé M. Gully, Associate Strategist, Day One Agency (USA), Francesca Trevisan, Strategist, Different (IT), Trevor Crossman, CX and Digital Transformation Director; Olivia Hussey, Strategic Planner; Simi Srinarula, Social Media Manager, The Hallway (AUS), James Hebbert, Managing Director, Hylink (CN / UK), Mundy Álvarez, Planning Director; Pedro Rojas, Social Media Manager; Pancho González, CCO, Inbrax (CH), Oana Oprea, Head of Digital Planning, Jam Session Agency (RO), Amy Bottrill, Social Account Director, Launch (UK), Gaby Arriaga, Founder, Leonardo1452 (MX), Shantesh S Row, Creative Director, Liwa (UAE), Rajesh Mehta, Chief Strategy Officer; Dhruv Gaur, Digital Planning Lead; Leonie Mergulhao, Account Supervisor - Social Media & PR, Medulla (IN), Aurelija Plioplytė, Head of Digital & Social, Not Perfect (LI), Daiana Khaidargaliyeva, Account Manager, Osaka Labs (UK / USA), Stefanie Söhnchen, Vice President Digital, PIABO Communications (DE), Elisabeth Winiartati, Managing Consultant, Head of Global Integrated Communications; Lydia Aprina, Account Manager, Integrated Marketing and Communications; Nita Prabowo, Account Manager, Integrated Marketing and Communications; Okhi, Web Developer, PNTR Group (ID), Kei Obusan, Insights Director; Daffi Ranandi, Insights Manager, Radarr (SG), Gautam Reghunath, Co-founder & CEO, Talented (IN), Donagh Humphreys, Head of Social and Digital Innovation, THINKHOUSE (IRE), Sarah Yim, Strategy Director, Zulu Alpha Kilo (CA).
Trends In Paid Search: Navigating The Digital Landscape In 2024Search Engine Journal
The search marketing landscape is evolving rapidly with new technologies, and professionals, like you, rely on innovative paid search strategies to meet changing demands.
It’s important that you’re ready to implement new strategies in 2024.
Check this out and learn the top trends in paid search advertising that are expected to gain traction, so you can drive higher ROI more efficiently in 2024.
You’ll learn:
- The latest trends in AI and automation, and what this means for an evolving paid search ecosystem.
- New developments in privacy and data regulation.
- Emerging ad formats that are expected to make an impact next year.
Watch Sreekant Lanka from iQuanti and Irina Klein from OneMain Financial as they dive into the future of paid search and explore the trends, strategies, and technologies that will shape the search marketing landscape.
If you’re looking to assess your paid search strategy and design an industry-aligned plan for 2024, then this webinar is for you.
5 Public speaking tips from TED - Visualized summarySpeakerHub
From their humble beginnings in 1984, TED has grown into the world’s most powerful amplifier for speakers and thought-leaders to share their ideas. They have over 2,400 filmed talks (not including the 30,000+ TEDx videos) freely available online, and have hosted over 17,500 events around the world.
With over one billion views in a year, it’s no wonder that so many speakers are looking to TED for ideas on how to share their message more effectively.
The article “5 Public-Speaking Tips TED Gives Its Speakers”, by Carmine Gallo for Forbes, gives speakers five practical ways to connect with their audience, and effectively share their ideas on stage.
Whether you are gearing up to get on a TED stage yourself, or just want to master the skills that so many of their speakers possess, these tips and quotes from Chris Anderson, the TED Talks Curator, will encourage you to make the most impactful impression on your audience.
See the full article and more summaries like this on SpeakerHub here: https://speakerhub.com/blog/5-presentation-tips-ted-gives-its-speakers
See the original article on Forbes here:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/carminegallo/2016/05/06/5-public-speaking-tips-ted-gives-its-speakers/&refURL=&referrer=#5c07a8221d9b
ChatGPT and the Future of Work - Clark Boyd Clark Boyd
Everyone is in agreement that ChatGPT (and other generative AI tools) will shape the future of work. Yet there is little consensus on exactly how, when, and to what extent this technology will change our world.
Businesses that extract maximum value from ChatGPT will use it as a collaborative tool for everything from brainstorming to technical maintenance.
For individuals, now is the time to pinpoint the skills the future professional will need to thrive in the AI age.
Check out this presentation to understand what ChatGPT is, how it will shape the future of work, and how you can prepare to take advantage.
The document provides career advice for getting into the tech field, including:
- Doing projects and internships in college to build a portfolio.
- Learning about different roles and technologies through industry research.
- Contributing to open source projects to build experience and network.
- Developing a personal brand through a website and social media presence.
- Networking through events, communities, and finding a mentor.
- Practicing interviews through mock interviews and whiteboarding coding questions.
Google's Just Not That Into You: Understanding Core Updates & Search IntentLily Ray
1. Core updates from Google periodically change how its algorithms assess and rank websites and pages. This can impact rankings through shifts in user intent, site quality issues being caught up to, world events influencing queries, and overhauls to search like the E-A-T framework.
2. There are many possible user intents beyond just transactional, navigational and informational. Identifying intent shifts is important during core updates. Sites may need to optimize for new intents through different content types and sections.
3. Responding effectively to core updates requires analyzing "before and after" data to understand changes, identifying new intents or page types, and ensuring content matches appropriate intents across video, images, knowledge graphs and more.
A brief introduction to DataScience with explaining of the concepts, algorithms, machine learning, supervised and unsupervised learning, clustering, statistics, data preprocessing, real-world applications etc.
It's part of a Data Science Corner Campaign where I will be discussing the fundamentals of DataScience, AIML, Statistics etc.
Time Management & Productivity - Best PracticesVit Horky
Here's my presentation on by proven best practices how to manage your work time effectively and how to improve your productivity. It includes practical tips and how to use tools such as Slack, Google Apps, Hubspot, Google Calendar, Gmail and others.
The six step guide to practical project managementMindGenius
The six step guide to practical project management
If you think managing projects is too difficult, think again.
We’ve stripped back project management processes to the
basics – to make it quicker and easier, without sacrificing
the vital ingredients for success.
“If you’re looking for some real-world guidance, then The Six Step Guide to Practical Project Management will help.”
Dr Andrew Makar, Tactical Project Management
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Legal cauldron 1 of 2013
1. No KDN: PP 15706/02/2013
(032198)
LEGAL CAULDRON
Jayadeep Hari & Jamil
Advocates and Solicitors
In this issue:
Landlord vs. Tenant -
A Guide To Tenancy Manage-
ment
Sexual Harassment -
How Safe Are You At Work?
Seeing Double -
Insurance Claim or Full Sum
Damages, or Both?
JHJ New Strategic Alliance In
Singapore - Voskamp Lawyers
JHJ Office Trip - Tioman Is-
land Vacation
Season’s Greetings - JHJ
Christmas Kringle
EDITOR:
Issue no. 1
Adeline Chin
LEGAL CAULDRON Issue No 1 of 2013
DESIGN & LAYOUT:
Andrew Chee
of 2013 CONTRIBUTORS:
Manisah Saharin
Siti Khadijah Md Yunus
Shobana Padmanathan
Our offices:
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2. Editor’s Note:
“If you change the way you ing in! Our team would be delighted to hear from
look at things, the things you you.
look at change.” Change is the
only constant, and if not for On a lighter note, this issue of the Legal Cauldron
change, we would have none also shares insights on our annual office trip to the
to learn nor to improve upon. beautiful Tioman Island and tidbits on our Christ-
This first issue of the 2013 mas Kringle alongside other events. We have even
Legal Cauldron would be our decided to spice things up by sharing our stories
way of embracing, sharing and creating with you, via QR codes! So just whip out your mobile
Change. phones and scan away to view the full write-up or
simply log on to our website at
2012 had come and gone so swiftly. While we re- www.jhj.com.my for more information.
joice having made it through the year alongside
the highly publicised eschatological belief of an My hope as new editor of the Legal Cauldron is to
apocalypse, 2012 had also seen many earnest continue sharing and bringing forth to you these
changes in JHJ. Amongst which were the addition changes, regardless it being a casual JHJ event or
of new members to our team and the celebration simply good-to-know legal information. We hope
of several nuptials during the second half of the you would enjoy this issue of the Legal Cauldron
year. Besides expanding our practice areas to in- as much as we enjoyed sharing it.
clude the provision of advisory services for the
mining and quarrying industry, we are also proud
Happy reading and have a blessed 2013 from all of
to announce a new strategic alliance with Vos-
us here at JHJ!
kamp Lawyers of Singapore.
Voskamp Lawyers is the largest Dutch legal firm EDITOR
in South East Asia to date, with offices in Singa-
pore, Amsterdam and Malaysia. The increasingly
Adeline Chin
globalised nature of today’s business and commu- Knowledge Department
nication structure had made it important for us to adeline@jhj.com.my
provide you the ease and comfort of having quali-
ty cross-border legal services without the hassle
and risk of venturing into overseas transactions
based on unsafe sources. We hope that with this
new strategic alliance, JHJ will be able to continue
providing you a peace of mind as you advance to
broaden your scope of business ventures, be it
geographically or professionally.
As JHJ had always been a staunch believer of con-
tinuous learning, we expand our knowledge spec-
trum by learning about your needs and catering to
them. Hence please do keep those inquiries com-
Legal Cauldron 1 of 2012 | 2
3. LANDLORD VS TENANT
A Guide To Tenancy Management
By Manisah Saharin
Recently, more and more issues regarding tenancy 1965 (“the Act”). Legally, whilst a landlord to a
have arisen due to the rapid development in the registered lease under the Act is afforded statuto-
property sector. And for this reason, I am called ry protection, a landlord of an unregistered lease
to discuss on the conflicts between the landlord may not be, and therefore, would be well advised
and the tenant, along with suggestions to cater to to have his relationship with his tenant reduced
some of the issues that commonly arise. into a formal agreement or a Tenancy Agreement.
“Standard Tenancy Agreement”
“…being a landlord is not the easiest From the point of time when the Tenancy Agree-
job in the world…” ment is signed by both parties, the landlord and
the tenant are deemed to be bound by its terms
and implications. The principle of freedom to con-
I often suggest to my friends that if they have ex- tract strives to ensure a win-win situation for both
tra money, invest in property; to be landlords and parties, allowing there to be a consensus ad idem
rent out their properties to cover the bank loan. (“meeting of minds”) before an agreement could
However, being a landlord is not the easiest job in be deemed valid. Hence, you should never believe
the world, especially if you happen to have a ten- that there is only one standard tenancy agree-
ant from “hell”. ment. Ideally, an astute person should ensure that
the terms contained in the tenancy agreement are
The term “Landlord” indicates a person who is not lop sided.
either a registered owner or one who has benefi-
cial interest in a land or premise; be it a shop lot, It is pertinent for both parties to know their rights
dwelling house, factory or etc. A “Tenant” on the and obligations under the Agreement to ensure an
other hand is a person who is granted a tenancy effective tenancy management.
either on a contractual or a monthly basis of the
said land or premise. A tenant need not necessari-
ly be an individual. A company can also be a ten- “…never believe that there is only
ant. one standard tenancy agreement.”
A “Tenancy Agreement” is defined as a contract
signed by both the landlord and the tenant which In Malaysia, quite frequently rental practices do
states all the terms and conditions for the rental not involve any kind of written contract binding
of a property. Statutorily, a tenancy exceeding 3 the landlord and the tenant. This is sad but true.
years will be considered a “lease of property” that Although a written contract of tenancy is highly
would be subject to registration against the title encouraged, any tenancy with no written agree-
to the property under the National Land Code ment can still be valid and enforceable by law un-
Legal Cauldron 1 of 2012 | 3
4. der s213 (2) (a) of the Act. Where the existing been the result of several acts of default of the
tenancy has expired or where there is no written Tenancy Agreement. We have seen several in-
tenancy agreement but rental is still being paid, stances where tenants overstay or “disappear”, or
the tenancy would be deemed as a month to create a nuisance or damage the property or use
month tenancy, that is to say, deemed renewed the property for wrong, illegal or immoral purpos-
automatically every month upon the expiry of the es. Whatever the case may be, often, despite best
previous month unless expressed otherwise by intentions, the landlord would incur costs, time
notice. and expense in seeking his remedies.
It is submitted that this position rather favours In a fit of spite, the landlord might decide to take
the tenant. So long as a Tenancy Agreement is the law into his own hands and break into the
“deemed” to subsist, the law affords protection to premise, cut off the power supply, prevent the
the tenant. An added burden is placed on the tenant from entering into the premise and the list
landlord to issue a termination notice allowing for goes on. STOP!
a reasonable amount of time to elapse before ter-
mination taking effect legally. The tenant, besides having a right to claim damag-
es from the landlord, may also initiate an injunc-
tion proceeding to claim his rights to rent or to
“In a fit of spite, the landlord might stay in the premise, and to prohibit the landlord
decide to take the law into his own from interrupting his stay on the premise. So in-
hands… STOP!” stead of recovering vacant possession of the prop-
erty or at least the rent or the said premise, the
landlord may end up facing a civil claim by his / her
Termination tenant.
The Agreement usually indicates the manner of
which termination of a tenancy should take place. The landlord may be deemed a trespasser for
Prior to such termination, a notice of termination denying the tenant access into the premise. Lock-
or a notice to vacate is usually given to the tenant ing up the premise for non-payment of rent is no
within the time stipulated in the Agreement. If justification in the eyes of the law.
sufficient notice had been given; the landlord has
the right to vacant possession of the premises The amended section 7(2) of the Special Relief Act
without payment of any compensation. If the ten- 1950 relegates remedy for ‘self-help’ to making it
ant so wishes to continue the tenancy beyond its incumbent to the landlord to seek to enforce his
term, the terms of a new tenancy or a renewal right to recover his property by way of a Court
(and a possible rent adjustment) of the previous action alone.
must be mutually agreed upon, failing which the
Tenancy Agreement is considered expired and Landlord’s Remedies
the tenancy granted therein, terminated. The landlord may file a distress proceeding against
the tenant if he wishes to collect his overdue rent-
“Tenants from Hell” al from the tenant. He could also file an eviction
Difficulties arise when in spite of termination, a summons in Court if he wishes to recover vacant
tenant refusing to leave. Termination may have possession of his premises.
Legal Cauldron 1 of 2012 | 4
5. For that, an eviction notice must be served to the ing the disclosure of identity, interests, remedies
tenant, giving the tenant certain grace period to for breach of contract, etc. Protection is afforded
handover a vacant possession and pay all overdue to both parties statutorily and one cannot con-
rental. After the expiry of such notice, the land- tract out of these statutory provisions. The UK
lord must take out a court order for eviction. Tenancy Act spells out all the rights, duties, obliga-
Only then can the landlord seal the premises with tions and remedies of the parties that can sum-
the help of the court bailiff (to prevent access and marily be effected without involving distressful,
entry to the delinquent tenant). In such instances, lengthy and convoluted court processes.
the landlord may also claim double rental if the
tenant remains in occupation of the premises In conclusion, until such time as there is a
from the time of the eviction notice until such “Tenancy Act” or the like in a Malaysian context,
time as vacant possession is redelivered. as a landlord, you are well advised to be cautious
and be prepared to be faced with difficulties even
if you have a tenancy agreement that spells out all
“…be cautious and be prepared to the rights and duties of you and your tenant.
be faced with difficulties…”
By Manisah Saharin
A Call for a Tenancy Act manisah@jhj.com.my
At present, the law places the burden on land-
lords to ensure that their tenancy agreement suffi-
ciently provides for all eventualities and to take
specific steps before forcibly claiming possession NEWSFLASH
of his property.
JHJ is proud to announce another strategic alliance
There is no specific law governing the relationship between:
between the landlord and the tenant in Malaysia.
Tenancy agreements are covered under the Con-
tracts Act 1950, whilst the eviction of a tenant is
covered under the Specific Relief Act 1950. Cer-
tain provisions regarding leases and tenancies are
and
in turn contained in our National Land Code of
1965. These provisions although existing, are nev-
ertheless less than expedient in protecting the
rights of the landlord.
Voskamp Lawyers is the largest Dutch legal firm
Having a specific Tenancy Act will no doubt help in the South East Asia region since August 2010,
solve many problems arising from a tenant- specializing in integrated tax and legal advice on
landlord relationship. In the United Kingdom for cross border transactions. Together, we strive to
provide you the assurance and assistance you
example, the Landlord and Tenant Act 1985 con-
need in your overseas business ventures, giving
solidated certain provisions pertinent to both the you peace of mind because We Care.
landlord and the tenant such as matters concern-
Legal Cauldron 1 of 2012 | 5
6. SEXUAL HARASSMENT
How Safe Are You At Work?
By Shobana Padmanathan
Have you ever been a victim of offensive sexual and you are uncertain if it was indeed harassment,
remarks or jokes at work? Or has a colleague at- the question to ask is whether the act offended,
tempted to touch you in any way? Were you un- humiliated or intimidated you.
happy about it? If your answer is yes, you are a
victim of sexual harassment. A survey carried out The intention of the harasser is irrelevant so long
in some industrialized countries which have laws as the victim can corroborate the allegation with
specifically governing sexual harassment showed documentary, oral, circumstantial, similar fact, ex-
that 7 out of 10 female employees were sexually trinsic or physical evidence.
harassed at their workplace. Sadly in Malaysia
there is no Act that specifically governs the law Another recognised means of sexual harassment
on sexual harassment. can come in the form of suggestive remarks.
Comments that attack a person’s intelligence and
“A survey…showed that 7 out of 10 capabilities based on his/her gender could amount
female employees were sexually har- to sexual harassment. For instance, a comment
assed at their workplace.” such as “women should be at home raising the
children and not working” can constitute a form
of sexual harassment.
INTRODUCTION
This article aims to outline the law on sexual har- THE LAW IN MALAYSIA
assment at the workplace and the legal remedies Knowing that there is no Act which specifically
available to individuals of a workplace. governs such offences, how then can we seek re-
dress if we have been sexually violated at the
Before we go any further, it is of utmost im- workplace? The victim or complainant may choose
portance to first clarify that sexual harassment to seek legal recourse under the employment law
not only happens to women but also to men, and or alternatively, lodge a police report to press
not only to employees but also to employers. criminal charges against the offender under the
Sexual harassment may happen regardless of it Penal Code.
being a heterosexual or homosexual relationship,
and hence such wide scope will be dissected for Employment Act 1955
better understanding and clarity in the following Recent amendments to the Employment Act 1955
paragraphs. which came into force on 1 April 2012 introduced
the criminalization of sexual harassment in the
WHAT IS SEXUAL HARASSMENT? workplace.
Sexual harassment can be defined as any unwel-
come sexual behaviour that is repeated and inter- The Act introduced Part XVA: Sexual Harassment
feres with your work. If the conduct was subtle alongside a definition of such “act” which coin-
Legal Cauldron 1 of 2012 | 6
7. cides with the intensified anti-harassment efforts complainant can refer the matter to the Director-
and pursuits by non-governmental organizations in General who will then have the power to direct
Malaysia. Sexual harassment is now defined in the the employer to address the complaint immedi-
Act as any “unwanted conduct of a sexual nature, ately. Should this fail to provide any remedy to the
whether verbal, non-verbal, visual, gestural or complainant, one may then file an appeal to the
physical, directed at a person; the act which is of- High Court to challenge the Director-General’s
fensive or humiliating or is a threat to his well- decision. In addition to this, if the complaint is
being, arising out of and in the course of his em- made against an employer who is a sole proprie-
ployment.” tor, the Director-General must inquire into the
matter himself.
Section 81A of the amended Act recognised that
a complaint of sexual harassment means a com-
plaint by an employee against another employee / “Sexual harassment not only happens
the employer, or an employer against an employ- to women but also to men.”
ee.
One of the options made available to the com- The employer who is convinced of the occurrence
plainant is that he / she may terminate the con- of the offence (proven from inquiry conducted)
tract of service WITHOUT NOTICE once the may take disciplinary action against the wrongdoer
alleged sexual harassment can be proven before which includes dismissing the wrongdoer employ-
the Director-General. The complainant will then ee without notice, downgrading the employee or
be entitled to wages, termination benefits and in- imposing any other punishment which the employ-
demnity (if any) as if he / she have given notice of er deems fit. If the punishment imposed is suspen-
termination. sion without wages, it must not exceed a period
of two weeks.
THE EMPLOYER’S DUTY
The Act has now made it compulsory for an em- The Act has also imposed a mandatory obligation
ployer to inquire, in the prescribed manner, into a on the employer’s part with regards to this. An
complaint made by a victim immediately upon re- employer who fails or refuse to inquire into a
ceiving it. However, the employer may refuse to complaint and to submit a report of inquiry to the
inquire (with reasons) in writing within 30 days Director-General is deemed to have committed
upon receipt of the complaint. The Act also spec- an offence and if convicted, will be liable to a fine
ified situations in which it is acceptable for the not exceeding RM10,000.00.
employer to refuse to inquire, which are: -
Intentional Tort
1) The complaint has been previously inquired A victim may also bring an action against the
into; wrongdoer under intentional torts. Under this
2) There was no sexual harassment proven; common law doctrine, the victim must prove that
3) The employer feels that the complaint is frivo- the wrongdoer had acted with the specific intent
lous or not made in good faith. to perform the offence. The employer or the or-
Fret not if a complaint has been refused to be in- ganization may also be vicariously liable for the act
quired into. It is not the end of the road. The of the harasser.
Legal Cauldron 1 of 2012 | 7
8. Penal Code conferences or training sessions, during work-
The four main sections that deal with the offence related travel, over the phone and through elec-
are (i) Section 354 which provides for assault or tronic media.
use of criminal force to a person with intent to
outrage modesty, (ii) Section 355 which provides This Code will serve as an effective guideline in
for assault or criminal force with intent to dishon- organizations that do not have their own policy in
our a person, otherwise than on grave provoca- place to challenge sexual harassment in the work-
tion, (iii) Section 375 which provides for rape and place.
(iv) Section 509 which provides for word or ges-
ture intended to insult the modesty of a woman. RECOURSE FOR THE AGGRIEVED EM-
PLOYEE (HARASSER)
Code of Practice on the Prevention and The employee who feels that he / she had been
Eradication of Sexual Harassment in the wrongly accused and punished (dismissed) by the
Workplace employer may under section 20 of the Industrial
Act 1967, make representations to the Director-
The Code of Practice on the “Prevention and General for reinstatement and this representation
Eradication of Sexual Harassment in the Work- must be filed within 60 days of the dismissal.
place” came into force in August 1999 under the
purview of the Ministry of Human Resources Ma- CONCLUSION
laysia. The Code encourages employers of both The requirement of adopting the policy statement
public and private sector to implement in-house prohibiting sexual harassment in the workplace is
mechanisms to prevent, handle and eradicate sex- not mandatory under the Employment Act 1955.
ual harassment in the workplace. The in-house
mechanism provided by the Code included a poli- It is the author’s opinion that employers should
cy statement prohibiting sexual harassment in the adopt the in-house mechanism provided by the
organisation, a clear definition of sexual harass- Code, albeit it being a mere guideline, to ensure a
ment, a complaint/ grievance procedure, discipli- safe and conducive working environment for its
nary rules and procedure against the harasser and employees. Any unwelcome behaviour that threat-
those who make false accusations, protective and ens the safety or well-being of an individual at the
remedial measures for the victims and promotion- workplace would not only affect one’s occupation-
al and educational programmes to educate the al health, productivity and morale but also leaves a
company’s employees. long-term effect on the emotional health of the
victim. It is the legal and moral obligation of the
The Code ingeniously stipulated the meaning and employer to safeguard and protect its employees
spheres that encompasses the word “workplace” from avoidable occupational hazards such as this.
in the context of sexual harassment, something
which the amended Employment Act 1955 failed
to consider. Situations under which such employ- By Shobana Padmanathan
ment-related sexual harassment may take place shobana@jhj.com.my
include, but is not limited to are: at work-related
social functions, in the course of work assign-
ments outside the workplace, at work-related
Legal Cauldron 1 of 2012 | 8
9. JHJ Office Trip Season’s Greetings
Tioman Island Vacation JHJ Christmas Kringle 2012
Scan QR Code for full story Scan QR Code for full story
Legal Cauldron 1 of 2012 | 9
10. SEEING DOUBLES
Insurance Claim or Full Sum Damages, or Both?
By Siti Khadijah Md Yunus
If you have met with an accident and are suing your insurer, the answer would appear to be a
for damages with regards to personal injury resounding “yes”.
from the wrongdoer, you would want the full
sum of damages according to what you have But in my opinion, it is not so simple. I would
suffered or incurred. argue that S28A applies when a Plaintiff has tak-
en out a Personal Accident policy or a similar
But can you still get the full sum of damages policy and has received payment from his/her
from the wrongdoer (through his insurer) if insurance company. Then I would argue S28A
you are already covered by your own insur- applies and the sum received by the Plaintiff
ance and your insurer had already paid for the cannot be taken into account when determining
medical expenses or have paid you for the quantum if he met with an accident.
same? Can you have both, damages claim from
the wrongdoer, and monies from your own in- However if the Plaintiff had taken out a Hospi-
surer? talisation policy, then I would argue that S28A
would not apply. And if his insurers have paid
‘…the answer would appear to be a under the Hospitalisation policy, then the Plain-
resounding “yes”. But…it is not so tiff would not be entitled to claim for the same
simple.’ medical expenses from the wrongdoer.
The case of Ward v Malaysian Airlines Sys-
The relevant law in this regard is section 28A tem Bhd [1991] 3 MLJ 317, seem to adopt
(1) (a) of Civil Law Act 1956 (“the Act”) this position. In this case, the court held that
which provides that in assessing damages re- considering the nature of an insurance policy
coverable for non-fatal personal injury, no de- scheme, the insurance benefits were not de-
duction should be made to any sum paid or ductible under section 28A (1) (a) of the Act.
payable in respect of such personal injury un- The words used in that section should be inter-
der any contract of assurance or insurance, re- preted in its plain and ordinary meaning. By
gardless whether it was made before or after adopting a strict rule of interpretation, our Par-
the coming into force of this Act. liament in its wisdom had made it crystal clear
that any sum paid or is payable in respect of a
This simply means that the court, in calculating non-fatal personal injury under any contract of
damages to be awarded to you by the wrong- assurance or insurance shall not be taken into
doer, must not deduct any sum paid that is account in assessing damages.
payable by your insurer. Thus in answering the
above question of whether you are entitled to The case of Sin Hock Soon Transport Sdn
get both, damages from the wrongdoer and, Bhd & Anor v Low King Ban [2006] 3 MLJ
Legal Cauldron 1 of 2012 | 10
11. 174 echoed Ward’s case and held that where 28A (1) (a) applies; whilst in the present case,
the employer was the party who paid for the the Plaintiff was seeking special damages which
premium under the contract of employment, should be the amount spent by the Plaintiff
damages awarded and received by the Plaintiff himself and hence the section does not apply.
should not be deducted. However in the in- Furthermore, if the claim was allowed, it would
stant appeal, the respondent himself purchased enrich the Plaintiff out of his misfortune, and
the policy and paid for the premiums. By apply- this would be contrary to the universal rule
ing the principles as enunciated in Ward's case, that one is not allowed to recover something
the respondent was clearly entitled to the in- which he has not lost. Therefore the medical
surance monies paid under his own insurance bill paid by the Plaintiff’s insurer in this case
coverage and also the special damages awarded was deducted from the damages awarded.
by way of his claims against the appellants.
“…if the claim was allowed, it would
However prior to Sin Hock’s case [supra], the
enrich the Plaintiff out of his misfor-
courts held in the case of Khairul Sham bin
tune…”
Ahmad & Anor v Yesudass a/l Michaelsamy
[2005] 2 MLJ 679 that the Plaintiff cannot
claim for medical expenses paid by the insur- Even though section 28A (1) (a) does not state
ance company as the rights to recover the whether the word “damages” is one under the
medical expenses lies in the hands of his insur- head of general or special damages, this case
er. The medical expenses of RM30,000 award- made it clear that medical expenses or any
ed by the learned Sessions Court judge had expenses that have been paid by the
simply enriched the Plaintiff. This enrichment Plaintiff’s own insurance are deductible in
violated the philosophy behind the principle of calculating the damages.
compensatory damages upheld in this country.
Therefore such an award should not be al- Hence you are unlikely to be able to claim or
lowed. the expenses that have been paid or are paya-
ble by your insurance.
Until recently, the question as to whether one
would be entitled to claim for damages from As for general damages or damages for pain
the wrongdoer in addition to receiving insur- and suffering, Ward’s case stands. You may get
ance monies from his own insurer pursuant to a full sum of damages even if your own insurer
a hospitalisation policy still remained unclear has paid you.
until the recent Court of Appeal decision in
the case below was made.
By Siti Khadijah Md Yunus
The judge in Sathisvaran a/l Chandrasegaran sitikhadijah@jhj.com.my
v Agilan a/l Vanmugelan & Anor [2012] 4
MLJ 548 differentiated general damages and
special damages, contending that in Ward’s case
the Plaintiff was seeking an award of general
damages for pain and suffering and thus section
Legal Cauldron 1 of 2012 | 11
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