John Chan

–PARTNER–

John Chan is a partner in MahWengKwai & Associates and practises primarily in the areas of employment, industrial relations and strata management laws and disputes. His experience includes a variety of other areas such as contractual and commercial disputes, director and shareholder disputes, trespass and nuisance, constitutional law, citizenship for adopted children, debt recovery and criminal law.

Hailing from Taiping, Perak, John graduated from Universiti Kebangsaan Malaysia (UKM) with a Bachelor of Laws (Hons) in 2013 and was admitted as an Advocate and Solicitor of the High Court of Malaya in 2014. Having completed his pupillage in MahWengKwai & Associates under the guidance of Mr Raymond Mah, he was retained as an Associate in 2014. John was later recognized as Senior Associate and Partner in 2019 and 2022 respectively.

He has had the opportunity of advising and representing multinational corporations originating from Japan, Australia, Germany, France, Sweden, China, Benin, New Zealand, Singapore and the United States.

In Asialaw Profiles’ surveys for 2019 and 2021 respectively, John received the following client feedback:

“John was a good communicator on the projected timeline for workflow and regular provision of updates was helpful.”

“Excellent legal knowledge.”

In Legal500’s 2023 Rankings, he received the following client testimonial under labour and employment:

“John Chan was great on our case; he is intelligent, precise, present, understood our needs and provided sound legal advice.”

In his spare time, he enjoys traveling, photography, sports and the outdoors. He is also a committee member of the Bar Council Sports Committee and convenor of the Malaysian Bar volleyball team.

Career to date

2022   Partner, MahWengKwai & Associates

2019   Senior Associate, MahWengKwai & Associates

2014   Associate, MahWengKwai & Associates

2014   Called to the Malaysian Bar

2013   Pupil-in-Chambers, MahWengKwai & Associates

Affiliations

• Bar Council Sports Committee
• Bar Council National Young Lawyers and Pupils Committee (NYLPC)
• Old Georgians Association (OGA)
• Asian Law Students’ Association (ALSA)

Educational achievements

2013  Bachelor of Laws (Hons), Universiti Kebangsaan Malaysia (UKM)

Particular litigation experience

Industrial relations and employment

• Representing companies/employers and employees in industrial relations/unfair dismissal disputes at the Industrial Court arising from issues of:
  • Poor performance;
  • Misconduct;
  • Absenteeism;
  • Sexual harassment;
  • Conflict of interest;
  • Breach of fiduciary duties;
  • Redundancy and retrenchment;
  • Independent contractors and contracts for service;
  • Probation periods;
  • Pay cuts (constructive dismissal);
  • Transfers (constructive dismissal);
  • Victimisation (constructive dismissal).
• Claim for damages arising from employees’ breach of confidentiality and fiduciary duties, High Court.

Commercial and corporate litigation

• Shareholders and directorship disputes arising from friendly loan agreements, shareholders agreements and general meeting resolutions, High Court, Court of Appeal, Federal Court.
• Disputes arising from breach of contract, Magistrate’s Court, Sessions Court, High Court, Court of Appeal.
• Disputes arising from unjust enrichment and negligence against banks, High Court.
• Debt recovery for domestic and foreign companies, Magistrate’s Court, Sessions Court, High Court and Court of Appeal.

Other civil litigation

• Claims by Joint Management Bodies/Management Corporations against developers to recover management funds and possession of common property, High Court, Court of Appeal, Federal Court.
• Strata management disputes arising from determination of maintenance charges rate(s), High Court, Court of Appeal, Federal Court.
• Judicial review applications arising from Strata Management Tribunal awards, High Court.
• Defending against claims for property under oral and implied trusts, High Court, Court of Appeal.
• Disputes arising from the validity and authenticity of wills, High Court.
• Disputes arising from trespass and private nuisance, High Court.
• Judicial reviews against the National Registration Department’s decision to refuse citizenship to adopted children, High Court, Court of Appeal, Federal Court.
• Winding-up of companies, High Court.

Criminal litigation

• Criminal matters relating to tax evasion, cheating, criminal breach of trust, causing wrongful loss to a public listed company, criminal intimidation, and mischief, Magistrate’s Court, Sessions Court, High Court, Court of Appeal.

Particular advisory experience

• Advising on employment and labour disputes at the Labour Department and Labour Court.
• Advising on industrial relations disputes at the Industrial Relations Department and Industrial Court.
• Advising on dismissal and termination of employees.
• Advising on implementation of retrenchment, pay cuts and voluntary/mutual separation schemes.
• Advising on employees’ minimum retirement age law and principles.
• Advising on and reviewing employment contracts, policies and handbooks.
• Advising on disciplinary proceedings/procedures between employers and employees, including reviewing show cause, warning and termination letters.
• Advising on shareholders’ and directors’ rights and remedies.
• Advising and representing non-profit organisations on wildlife conservation and illegal trade of endangered species legislation.
• Advising on strata management matters and disputes.
• Advising on Bursa Malaysia’s requirements and insider trading.
• Advising on legislation and procedures relating to criminal extradition and INTERPOL.

Reported cases

• Chai Fui Mien & Anor v Notre Dame Nursery Sdn Bhd & Ors [2015] 1 LNS 1394 (High Court)
• Konsortium Lord-Saberkat Sdn Bhd v Petron Malaysia Refining & Marketing Bhd and another appeal [2016] 6 MLJ 186 (Court of Appeal)
• Prima Avenue and DPC (Block G, H, 1) Management Corporation v Puncak Kencana Sdn Bhd & Ors [2016] MLJU 1448 (High Court)
• Pendaftar Besar Kelahiran dan Kematian, Malaysia v Pang Wee See & Anor [2017] 7 CLJ 33 (Court of Appeal)
• Chan Nga Guan v Cogdev Malaysia Sdn Bhd [2017] 2 ILR 294 (Industrial Court)
• Park Access Sdn Bhd & Ors v Badan Pengurusan Bersama Prima Avenue dan DPCC Fasa 1 (Blok G,H,I) and other appeals [2018] MLJU 647; [2018] 1 LNS 711 (Court of Appeal)
• Goh Jui Leang v Tay Sing Hwa [2018] MLJU 810; [2018] 1 LNS 828 (Court of Appeal)
• Ho Hau Wong & Ors v Tan Kim Chuan & Ors [2018] MLJU 907; [2018] 1 LNS 1001 (High Court)
• Rajaram Ramasamy v International Brass Industries Sdn Bhd [2018] 2 LNS 1774 (Industrial Court)
• Cheong Meng Wah & 2 Ors v My Social Network Sdn Bhd [2018] 2 LNS 3079 (Industrial Court)
• Ang Khean Ming v Wiko Mobile Malaysia Sdn Bhd [2019] 2 LNS 0841 (Industrial Court)
• Muhamad Nazri Muhamad v JMB Menara Rajawali & Anor [2019] 10 CLJ 547; [2019] MLJU 1208 (Court of Appeal)
• Lim Su Shen v Kioda Malaysia Sdn Bhd [2019] 2 LNS 3223 (Industrial Court)
• Ronset Sdn Bhd v Hong Leong Bank Bhd [2019] 1 LNS 2339 (High Court)
• PJ Centrestage JMB v Cherish Springs Sdn Bhd & Anor And Another Case [2020] 1 LNS 525; [2020] MLJU 710 (High Court)
• Yong Yew Chuan v Ebona Trading Sdn Bhd, Award No.: 1124 of 2020 (Industrial Court)
  Shereen Melanie Nyle Montero v CAPS Australia (Malaysia) Sdn Bhd, Award No.: 1757 of 2020 (Industrial Court)
• Perbadanan Pengurusan 3 Two Square v 3 Two Square Sdn Bhd [2021] MLJU 874; [2021] 1 LNS 734 (High Court)
• See Soon Hua v Karcher Cleaning System Sdn Bhd [2021] 2 LNS 1315 (Industrial Court)
• Sheh Chow Wee v New Zealand Unlimited Restaurants Sdn Bhd [2022] 2 LNS 1104 (Industrial Court)
• Woo Kian Lee v Pembinaan YSL Sdn Bhd, Award No.: 1364/2022 (Industrial Court)
• Mohamad Fadi Al Ghrawi v ASSA ABLOY Opening Solutions Malaysia Sdn Bhd [2022] 2 LNS 1468 (Industrial Court)
• Tan Kiak Soon v EPSYS Systems Sdn Bhd, Award No.: 306 of 2023 (Industrial Court)

Reviews & Testimonials

• “Great Experience! The employment team at MahWengKwai & Associates is fantastic. John and Jasmine are very professional and efficient. They know their subject well. I will definitely recommend this firm!” -Taruna Sachdeva, ASSA ABLOY Opening Solutions Malaysia Sdn Bhd
• “John provided us with professional advice on an employment problem we faced. Thank you John and MWKA.” -Stephanie Tan, Comrel Technologies Sdn Bhd, Petaling Jaya.
• “I engaged MahWengKwai & Associates to represent me after I received a letter of demand claiming for alleged damages due to an inter-floor leakage in a strata development in Petaling Jaya. Mr John Chan attended to my case and advised me on my rights and defences against the alleged claim. In a short span of time, MWKA successfully negotiated and achieved a favourable settlement with the claimant on my behalf. MWKA’s fees were very reasonable as well. Thank you.” – Ms CC, Kuala Lumpur
• “I am very pleased with the guidance John Chan has provided to me in my reasonably complex case in the Strata Management Tribunal. His guidance covered procedural and all legal matters. He brought out many points and arguments that I had ignored as it did not come to my mind at all. His responses were prompt, timely, comprehensive, and pertinent to the questions and situation I was facing. I understood and acted upon his suggestions very well even though I do not have any legal background. He guided me at every step of the way. I am grateful that I was able to use his services for this case. I recommend him highly to anyone having a complex strata management tribunal case, without any reservations or hesitations. Thank you, John.” – Anil Rastogi, Putrajaya
• “I am very satisfied with MahWengKwai & Associates’ services, in particular, Mr John Chan. He was professional and knowledgeable in advising my company on a strata management issue. The advice given was on point and we are satisfied with the outcome. Thank you.” – Ms Chan, Casa Andaman Sdn Bhd, Kuala Lumpur
• “I was represented better than I could have ever imagined in my employment/industrial relations matter. My needs were put first and I was treated as a friend rather than a number. My opinions were valued and my doubts were always reassured. My nerves were calmed and the process was always explained. Mr John Chan and Ms Rachel Ng advised me accordingly from time-to-time. They went above and beyond and did everything they could to ensure a great outcome. I couldn’t have asked for a better law firm and solicitors. Thanks MWKA.” – Mr RR, Kuala Lumpur
• “I would like to put on record, the appreciation of myself, and New Zealand Unlimited Restaurants Sdn Bhd (NZUR) for the excellent legal advice and representation provided by John Chan from MahWengKwai & Associates. NZUR decided to engage the legal services of MahWengKwai & Associates, and we commenced liaising with John Chan. John Chan was very thorough in his working relationships with NZUR. The Management of NZUR would certainly be willing to engage John Chan’s services again. NZUR is pleased to recommend John Chan from MahWengKwai & Associates for employment and industrial relations matters and disputes.” – Richard Tankersley, New Zealand Unlimited Restaurants Sdn Bhd, Kuala Lumpur
• “Mr. John Chan was the one who assisted me with my enquiries. I can say that he is very approachable and knowledgeable regarding my employment matter. I am very grateful to have found their website online and for their quick response when I emailed them. Highly recommended.” – Mae, Philippines
• “I am very pleased with MahWengKwai & Associates’ services in particular, John Chan. My dealings with him have been professional, efficient and timely. John is very responsive in addressing any concerns that we have and helping us through the process. Thank you for your excellent service! We are happy with the outcome. Highly recommending MWKA to my HR network.” – Nicole Liew, Hitachi Construction Machinery (Malaysia) Sdn Bhd, Petaling Jaya, Malaysia
• “I had the opportunity to work with John Chan and Jasmine Wong for an industrial relations (IR) case. Pure professionalism, no hanky-panky, attentive and proactive in working towards our company’s best interest. Am truly pleased the case ended on a good note.” – Mr T, Malaysian subsidiary company of an Australian corporation
• “We had the pleasure of engaging the services of MWKA to better understand the legal aspects of running our professional consultancy business, and we were given good and helpful advice. We want to extend our appreciation to John Chan and Janessa Kok whom we found most helpful and they go out of the way to make our engagement a pleasant one indeed. Thanks and keep up the good work.” – Perunding ACE Sdn Bhd, Malaysia
• “Our company would like to thank the team of MWKA, specifically Jasmine Wong, Diana Cheak and John Chan for helping our company on an Industrial Court case. They are very professional and efficient in handling our legal case, and have shown great professionalism throughout. They are also easily accessible and very accommodative to their client’s needs. We will recommend MWKA to other clients that need their services in the future.” – Anwar Liu, Business Development Director, Wiko Mobile Malaysia Sdn Bhd (Bangsar, KL)
• “I would like to thank the team of MWKA, specifically John Chan and Janessa Kok for helping me in my case where I was wrongfully terminated by my previous company. Despite being engaged at the last minute, they were very knowledgeable and capable in handling the matter, and have shown great professionalism throughout. I would definitely recommend them for their services.” – Rajaram
• “I also wish to convey my thanks and appreciation to John Chan, for a job well done and arriving at a satisfactory conclusion to my case. I embarked upon the action with some trepidation and was impressed by your manners and your patience in dealing with me especially on those occasions when I must have asked what could have been construed as pretty ‘silly’ questions.” – JC Tay
• “Our company has been working with Raymond and his team for the past year and they have been providing prompt and reliable legal responses to our business needs. They are not only a team of knowledgeable and competent advisors in our engagement, we have also received proactive check-ins to support and make our business decisions more complete from a local legal perspective. We would like to specially thank John Chan and Sue Ann for their hard work and dedication to our account such that we are always kept updated. Looking forward to even more success working together with them in 2019!” – Alex Tam, Head of Offline Unit, Paktor Pte Ltd, Singapore.
• “I am very pleased and impressed with MWKA’s services, professionalism and expertise. MWKA’s success in the defence of my case is excellent news to me. What a relief! My deepest appreciation to John Chan assisted by Wong Chee En and under the supervision and advice of Raymond Mah for their excellent handling of my case. I highly recommend MWKA to anyone in need of legal services and assistance. Thank you again and forever.” – Ngian Siew Siong, Selangor