Rubini is a Partner in the litigation practice of the firm, with a focus on construction and employment-related disputes.

She continues to represent local and international organisations at all levels of the Malaysian Courts including the Industrial Court, the High Court, the Court of Appeal, and the Federal Court.

In her Employment and Industrial Disputes practice, Rubini is regularly called upon to represent and advise local and international SMEs and MNCs in matters of unfair/wrongful termination, constructive dismissal, employee poor performances and misconduct, large-scale retrenchment or redundancy exercises, and settlement of disputes between employers & employees. She also advises companies on trade union activities and reviews collective bargaining agreements. Her expertise extends to advising on employment contracts and benefits, as well as employee handbooks and HR policies.

In her Construction & Projects Disputes practice, she works closely with the firm’s Projects & Construction team, constantly representing and advising a wide range of local and international construction industry players ranging from project owners and developers to contractors, sub-contractors, and consultants. Her practice includes advising clients on their rights and obligations under their construction contracts, compliance and regulatory issues, issues with tenders, contract termination, construction delays and payments, as well as project management.

Rubini also handles arbitration matters involving construction disputes and is an accredited adjudicator with the Asian International Arbitration Centre since 2018. She is currently empanelled as a mediator with the Malaysian Mediation Centre.

Experience

Construction & Projects Disputes

• Lead counsel in an arbitration involving the installation, refurbishment, inspection and testing of an air-cooled condenser for a combined cycle power plant.
• Lead Counsel in a legal suit initiated by the lead provider of transportation services in Malaysia covering rail, bus and ferry services for breach of contract.
• Lead Counsel in a legal suit initiated by a leading provider of petroleum in Malaysia in a tort action for damages in respect of damaged gas pipes.
• Lead Counsel in a legal suit / adjudication involving a claim for the recovery of monies for construction works done in relation to a coal fired power plant in Johor.
• Lead Counsel in advising on claims arising from the construction and expansion of a landfill and special waste disposal site.
• Lead Counsel in defending a claim in relation to works done for the construction of a Condensate Polishing System for a Power Plant Project.
• Lead Counsel in defending a claim for damages arising from works done in relation to the construction of a recycled water treatment plant.
• Lead Counsel in initiating and defending claims under the Construction Industry Payment & Adjudication Act 2012 (CIPAA).
• Co-counsel in a hearing at the High Court to set aside and resist enforcement of a judgement based on an adjudication decision pursuant to the Construction Industry Payment & Adjudication Act 2012 (CIPAA) which came in force in Malaysia in 2012. This case was one of the first few test cases on this subject matter before the High Court.
• Representing a client in an arbitration dispute involving the recovery of outstanding claims in relation to construction works done for the double track railway line project in Malaysia.
• Advising on outstanding claims for construction works done in relation to the construction of a solar photovoltaic energy generating facility.
• Worked with a local municipal council in respect of disputes involving external contractors and acting for them in the various legal proceedings initiated against them by the external contractors.

Employment and Industrial Disputes

• Advising an Italian multinational operating in the market of machines and systems in relation to downsizing due to the Covid-19 pandemic as well as proper cost-cutting methods to be taken in relation to time and manpower management.
• Assisted in the conduct of a minority oppression suit and a suit involving breach of director’s fiduciary duties.
• Assisted and advised Malaysian subsidiary of a global leader in fire production solutions provider on its rights and obligations arising from its termination of a foreign employee, as well as advised on the Malaysian severance and the Malaysian law considerations in the global severance.
• Engaged by a subsidiary of a Japanese multinational consumer electronics and commercial electronics manufacturing company to advise and prepare the necessary legal documentation on the separation between their Malaysian entity and one of its employees in Malaysia. This required consideration of the best structure to affect the separation given time constraint.
• Represented a universal research and advisory company at the Industrial Court, and later at the Court of Appeal, on a dispute regarding an alleged unfair dismissal of an employee on the basis that the client had treated him unfairly and had discriminated against him when the company terminated him due to willful insubordination.
• Represented the Malaysian subsidiary of a steel manufacturer in an industrial court dispute involving the termination of a high-ranking employee.
• Regularly appears as lead counsel in defending employers against claims for unfair dismissal claims at the Industrial Relations Court.
• Regularly advises companies on various HR-related matters including redundancy/retrenchment exercises, termination on the grounds of misconduct, poor performance and other disciplinary issues.
• Reviewing and consolidating employment-related policies for companies.
• Drafting and reviewing employment agreements and employee handbooks for companies.

Publications

• Co-author of “Covid-19 - Further Considerations as the Endemic Phase Begins in Malaysia” – Singapore Academy of Law – June 2022
• Co-author of “Chapter 16: Recognition of Trade Unions, Collective Bargaining and Collective Agreements” Law and Practice of Employment Law in Malaysia Street & Maxwell 2021