Raymond Low

Practice Areas

Employment & Administrative Law

Personal Data Protection & Privacy Law

Career

Raymond believes in two pillars that are the foundation of his legal practice – Integrity and Simplicity.

Raymond advocates and advises in all matters relating to employment and industrial relations law including judicial reviews, trade disputes, trade unions, industrial disputes (strikes and picketing), employment contracts, collective agreements, dismissals of employees, employee misconduct, poor performance and health issues of employees, employees’ provident fund, private pension laws and occupational health and safety laws.

Raymond appears regularly at the Court of Appeal, High Court, Industrial Court and Labour Court in Malaysia in relation to these matters.

Raymond has broad experience in data security law, data protection and privacy policies, personal data protection in the banking sector, personal data protection in employment, customer personal data protection in the retail sector, and personal data protection audit services.

Professional Memberships

•Malaysian Bar

•International Bar Association (IBA)

•Employment Law Alliance (ELA)

Publications

Co-authored various publications on employment and industrial relations law that include:

•Employment and Industrial Relations Law Malaysia published by Commercial Clearing House (CCH) (2014)

•Retrenchment Law and Procedure in Malaysia published by the Commercial Clearing House (CCH) (2009)

•Legal Annotation of the Industrial Relations Act 1967, Trade Union Act 1959 and the Employment Act 1955 published by the Malayan Law Journal (2002)

•The Malaysian section in Employment Law Asia published by the Commercial Clearing House (CCH), where he was the contributing editor (2002)

•Employment Termination – Law & Practice published by Commercial Clearing House (CCH) (2001)

Languages Spoken

English, Malay

Experience

Raymond has handled many significant industrial relations and employment disputes for clients from an eclectic range of industries. Here are just some of such matters:-

Litigation

• Right to Counsel in Labour Court hearings

Successfully represented Britannia Brands Malaysia in a landmark case where the High Court and Court of Appeal ruled that a litigant has a right to counsel in Labour Court proceedings heard under section 69 of the Employment Act 1955 even though the statute is silent on the right to legal representation. The Courts ruled that the Labour Court had failed to act in conformity with the principles of natural justice when it denied the employer’s request to be represented by a counsel and proceeded with the hearing. This matter was successfully argued all the way of the Federal Court.

• Clarification on the powers of the Industrial Court to award compensation and backwages to employees who have reached retirement prior to unfair dismissal

Represented Swedish Motor Assemblies in an important case where the High Court ruled that where an employee has already passed his retirement age at the time the Industrial Court hands down its decision on an unfair dismissal, the backwages should be limited to the remaining months of his service until retirement. It was further ruled that no compensation in lieu of reinstatement should be payable to the employee since a retired employee is incapable of being reinstated to his former position. This decision was subsequently endorsed by the Federal Court many years later in another case.

• Aviation – Represented Gulf Air in the dismissals of his Airport Managers who were involved in human trafficking

Successfully represented Gulf Air in defending unfair dismissal claims filed by its former airport managers who were dismissed due to their involvement and complicity in the illegal trafficking of child passengers. The Industrial Court, High Court and Court of Appeal all ruled that the dismissals of the airport managers were was just cause and excuse.

• Aviation Shift Pattern Revamp of KLIA Airport Employees

Successfully represented Malaysia Airports in a trade dispute against its in-house union whereby the Industrial Court endorsed the right of the Company to introduce a new shift pattern involving its employees.

• Assessment of Compensation for Unfair Dismissal

Acted for Burswood Limited wherein the Court of Appeal endorsed the principle that in assessing compensation for unfair dismissal, the Industrial Court can reduced the compensation on the basis that the employee had illegally retained company documents after his cessation of employment.

• MH370 Advisory involving payouts to deceased employees

Advised a multinational company in respect of insurance payouts and ex-gratia compensation to the families of the deceased employees affected by the MH370 incident.

Education

Awards