PART II of Legal Implications of MYAirline’s Suspension: Employee Protections

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Introduction:

In Part I of our series on the legal implications of MYAirline’s suspension, we explored the complexities of passenger rights, obligations, and employee protections. Now, in Part II, we delve further into the critical aspects of employee rights and the latest developments regarding a potential investor. Datuk Seri Azharuddin Abdul Rahman, MYAirline’s interim accountable executive, has estimated that refunds owed to passengers for unfulfilled flights could reach up to RM22 million. This article continues to explore the legal dimensions of the situation, with a dedicated focus on the rights and protections of employees, as well as the implications of the latest investor update.

Rights of Employees in a Situation like MYAirline’s Suspension:

Employment Security: Employees affected by MYAirline’s suspension have rights under Malaysian labor laws, particularly regarding employment security. The company must adhere to proper legal procedures when making staff reductions due to the suspension of operations.

Notice Period and Severance Pay: The Employment Act 1955 outlines the entitlement of employees to receive appropriate notice periods and, in some cases, severance pay based on their years of service. These protections are crucial in safeguarding the interests of affected employees.

Unpaid Wages: Another essential aspect of employee protection is ensuring that employees receive the wages, salaries, or other benefits owed to them by the company. Employers are legally required to settle all outstanding payments to employees.

Consultation and Negotiation: MYAirline must engage in consultations and negotiations with employees or their representatives before implementing layoffs or making changes to employment terms. These procedures are vital for considering the rights and interests of the employees affected.

Support for Employees: Employers are encouraged to provide support to employees facing challenging times. This support may involve facilitating job placement services or offering assistance to employees encountering financial difficulties.

In this second part of our series, we have explored the legal rights and protections afforded to employees impacted by MYAirline’s suspension. As the situation continues to evolve, it is advisable for affected employees to seek legal counsel if they encounter challenges in receiving their due compensation or face delays in the process.

Part II of our series serves as a continuation of our commitment to keeping you informed about the evolving legal aspects of MYAirline’s suspension. We encourage you to stay updated and consult with us for personalized guidance in this complex environment.

We encourage you to stay updated and consult with us at admin@nhcolaw.com for personalized guidance in this complex environment.

Article Disclaimer: The contents written above and/or in this website do not constitute a legal advice and should not be relied upon by any parties as such. Please reach out to us for further enquiries.

Prepared by Hawanisa Roslan

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HAJAR AFIFAH ZAINAL

SYARIAH LAWYER

Hajar Afifah Zainal is a Syariah lawyer with a strong academic and professional background in Islamic law. She holds a Bachelor of Islamic Sciences & Arabic (Syariah) from Al-Azhar University, a Diploma in Law and Administration of Islamic Judiciary (IIUM), and a Master of Laws (LL.M.) from Universiti Kebangsaan Malaysia. She began her career as a Syariah paralegal at Tarmizi Marzuki & Sulaiman, where she gained hands-on experience in a wide range of Syariah matters, including divorce, matrimonial property, maintenance, custody, inheritance, and related applications. She is admitted as a Syariah lawyer in Terengganu, the Federal Territories, and Selangor, reflecting her capability to represent clients across multiple jurisdictions. Currently serving as Shariah Counsel at Nurainie Haziqah & Co., she advises on family and estate matters, combining technical expertise with a thoughtful and principled approach to legal practice.

NUR AMIRAH IBERAHIM

LEGAL ASSOCIATE

Nur Amirah Ibrahim is an Advocate and Solicitor of the High Court of Malaya, admitted in December 2023. She graduated with First Class Honours in LL.B (Hons.) from Universiti Utara Malaysia in 2022. She began her legal career at Sabarudin Othman & Ho, where she completed her pupillage with a focus on civil litigation. Her experience includes handling motor vehicle accident claims, including third-party bodily injury and property damage matters, as well as advising insurance companies and managing related proceedings. She has also been involved in general litigation matters such as defamation and breach of contract, assisting in hearings and trials. In 2024, she joined Nurainie Haziqah & Co., where she continues to develop her practice in litigation. Known for her diligence and strong work ethic, she is committed to delivering reliable and effective legal support while upholding professional standards.

NUR SYAZWANI AZLAN

PARTNER & HEAD OF CORPORATE & COMMERCIAL

Nur Syazwani Azlan is an Advocate and Solicitor of the High Court of Malaya, admitted in 2014, with extensive experience in conveyancing, litigation, and corporate practice. She holds a Bachelor in Legal Studies (BLS) and LL.B (Hons.) from Universiti Teknologi MARA. She began her career at B.C. Tan & Co, gaining hands-on experience in civil litigation and conveyancing, including property transactions, loan documentation, and court proceedings. She later transitioned into a corporate role as Legal and Human Resources Manager in a media company, where she handled employment law matters, corporate agreements, and media contracts with major broadcasters. Resuming legal practice in 2021 at Khong & Son, she focused on conveyancing, particularly post-auction cases, high-value transactions, and complex property issues. She has successfully managed intricate matters involving transfers, auctions, and estate-related complications. Currently a Partner at Nurainie Haziqah & Co., she leads the Conveyancing Department, specialising in financing, subsale transactions, and developer projects.

NURAINIE HAZIQAH

MANAGING PARTNER

Ainie Haziqah brings over 10 years of legal experience across civil, general, and Syariah-related litigation. Her practice includes representing Joint Management Bodies and companies in debt recovery matters, as well as handling a wide range of family and matrimonial cases such as divorce, child custody, and maintenance. In addition to her litigation work, Ainie serves as a Syariah Consultant, providing tailored legal guidance to individuals and families. She is deeply committed to social impact, with a strong focus on advocating for women’s rights and addressing domestic abuse through both legal practice and community engagement. Ainie is actively involved in pro bono work, particularly with DHRRA Malaysia, where she supports undocumented and stateless individuals in securing their rights and citizenship. She has also co-founded several NGOs dedicated to assisting underprivileged communities, including refugees, single mothers, and the underserved communities. Beyond her legal practice, Ainie contributes to education and thought leadership. She has been invited to speak at universities and public platforms on topics such as family law, statelessness, and social justice. She has also played a role in academic development, including reviewing curriculum for law and politics programmes, and serves as a mentor on international platforms supporting women’s advancement.

SITI HAWA KHAIRUNNISA

PARTNER & HEAD OF CORPORATE & COMMERCIAL

Hawanisa is a corporate and commercial lawyer with over 10 years of experience advising businesses across various industries. Her practice spans corporate advisory, commercial transactions, and regulatory compliance. She has extensive experience in drafting, reviewing, and negotiating commercial agreements, as well as advising on corporate structuring, mergers and acquisitions, and shareholder matters. Hawanisa has also supported cross-border transactions and market entry strategies. Her combined legal and business background enables her to deliver commercially grounded advice aligned with clients’ strategic objectives. She currently heads the Corporate and Commercial department, where she leads matters with a focus on providing practical, strategic, and business-oriented legal solutions.