Employment & Industrial Relations: Malaysia

THE FIRM This impressive firm rises to the top tier following the addition of leading litigator Thavalingam Thavarajah, boosting its overall employment and industrial relations offering. The team regularly advises local and multinational companies on a range of employment issues, and is also sought out by new companies when setting up in the country. It has been busy representing major corporate entities before all levels of court in numerous unfair dismissal claims, employment benefits and judicial review cases.

KEY INDIVIDUALS Lim Heng Seng is the head of the employment and industrial relations practice and focuses primarily on corporate advisory work. He is an especially prominent figure in this field and was chairman of the industrial court until 2003.

Thavalingam Thavarajah joins the front runners in this field having earned tremendous praise from peers for his extensive knowledge and is recognised as a highly visible figure in the market. He specialises in employment litigation and frequently appears before the industrial court.

THE FIRM This is one of the largest firms in Malaysia and has an outstanding employment practice. It is extremely well respected by peers, who commend the breadth and depth of matters handled by the team's five experienced partners. The group has acted in a significant number of unfair dismissal claims and has been increasingly involved in trade union disputes. It recently acted for BAT in a landmark decision relating to in-house trade unions and the extent of its representation within a group of companies. It also successfully represented PRG-Schultz International in a complex multi-jurisdictional unfair dismissal case.

KEY INDIVIDUALS Sivabalah Nadarajah is one of the best-known names in this area, having led numerous landmark cases. He heads the firm's employment group and sources observe that they have "nothing but the greatest things to say about him."

Vijayan Venugopal is a very experienced lawyer and upholds a broad practice. His work covers industrial actions, trade disputes, collective bargaining, statutory benefits and dismissals.

Raymond Low is highly recommended by peers and makes his debut in the rankings this year. He impresses interviewees as a "sharp, smart and excellent lawyer," and is currently handling a significant amount of dismissal and trade union disputes.

Suganthi Singam is a well-regarded practitioner with extensive experience, and frequently appears before all levels of court in employment law and judicial review cases. She is also adept at handling matters relating to trade union and collective bargaining, general misconduct and sexual harassment in the workplace.

THE FIRM Clients are effusive in their praise for this firm's employment practice, and are particularly impressed with the commerciality of its advice, the professionalism of the team and the consistently excellent level of service. The eight-strong team is the largest in Malaysia dedicated to handling an array of advisory and litigation work. It has a strong track record of representing local and international companies, including numerous government-linked organisations. Recent highlights include successfully defending Guppy Plastic Industries in unfair dismissal and gender discrimination claims.

Sources say: "They are very prompt and professional in their response, and give us good advice based on what works best, taking into consideration the legal aspects and the firm's needs."

KEY INDIVIDUALS Practice head P Jayasingam is a revered practitioner in the market and is the driving force behind this large team. He is widely respected for his impressive experience, and practices at the "top of the pile" say impressed peers.

Wong Keat Ching has quickly established a strong reputation in the market and is singled out by peers as an "excellent industrial court lawyer." Clients are especially impressed and "seek out her views as they are balanced from both a commercial and legal standpoint."

THE FIRM This well-established firm maintains a strong foothold in the employment market and focuses exclusively on representing employers. The team has been particularly active in contentious proceedings, representing a number of government-linked entities and more recently acting for one of the largest Malaysian banks in a major union-related dispute. The team also frequently advises foreign clients setting up in Malaysia on local labour and employment laws.

KEY INDIVIDUALS Highly esteemed practitioner Steven Thiruneelakandan heads the department and is at the forefront of its workload. He frequently appears before all levels of court in employment cases, and is also particularly visible in commercial disputes.

THE FIRM This full-service firm continues to enjoy a strong reputation and has a comprehensive employment and industrial relations practice that handles a significant proportion of work in the sector. The team is well equipped to offer services across the whole spectrum of contentious and non-contentious employment matters. Notable work includes advising Sime Darby on the employment law issues related to transferring around 1,000 employees to Malaysia Marine Heavy Engineering following its sale of two shipyards to MMHE and Petronas.

KEY INDIVIDUALS An "excellent industrial court lawyer," Selvamalar Alagaratnam is praised by sources, who note that "her knowledge of labour laws in Malaysia is very good so her advice is always very valuable and helps us deal with issues effectively."

Siva Kumar Kanagasabai leads this practice group, in addition to the shipping and international trade department. He handles both advisory and contentious employment work, and also has a thriving commercial and maritime disputes practice.

THE FIRM This full-service heavyweight has a dedicated employment practice and continues to feature as an important player in the market. It assists a diverse list of major players in contentious proceedings and also provides advisory support to corporate employers in relation to employment rights, contracts, union recognition, disciplinary action and employment aspects of M&A transactions.

KEY INDIVIDUALS With more than 25 years of experience, seasoned department head Peh Lee Kheng is a highly acclaimed practitioner in the market. She focuses primarily on employment advisory work but also represents clients in the industrial and superior courts.

Yong Hon Cheong has made a name for himself in the employment field and is described by sources as "a very good lawyer and a true gentleman." He is highlighted for his strength in employment disputes and frequently appears before courts of all levels.

THE FIRM This firm is carving a niche for itself representing employees in a range of employment and industrial relations disputes, including unfair dismissal claims and trade union disputes. It is highly recommended by peers, who note that the team also has a strong portfolio of employer representations for both advisory and litigation work.

KEY INDIVIDUALS Lead partner Anand Ponnudurai co-founded this practice in 2001 and has built a strong reputation in the market. He is best known for representing employees in industrial disputes.  

Trevor George De Silva is the founding partner of Trevor George Partnership and is a well-respected litigator, best known for his appellate representation. Employment and industrial disputes continue to form a large part of his litigation portfolio.
Ravindra Kumar Rengasamy is the lead partner at Raja, Darryl & Loh. He handles a broad array of disputes, including a considerable number of employment and industrial relations cases. These include unfair dismissal claims, breach of confidentiality claims and retrenchment issues.
Woo Wei Kwang is a fast-emerging practitioner and the practice leader of Wong & Partners, a member firm of Baker & McKenzie International. Clients note that "he's a reliable, responsive partner who has a genuine interest in knowing about our business. He gives practical and useful advice within budget and on time." 
Leonard Yeoh is the leading figure at Tay & Partners. He maintains a broad litigation practice that includes both commercial and employment disputes. Of late he has been heavily involved in the employment sector.

Future Events 

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

22nd May 2014: Chambers USA Awards 2014, New York