Wednesday, May 19, 2010

an excellent proposal


At 11.59 am, 19/05/2010- Writer is drafting his resignation letter. Not that he wants to quit now but who knows he might need it in the future. This letter would be his bridge for a better legacy. People don't realize that He is making a "plan". People don't realize that He is not making a "joke" but a stern reminder. People don't realize his body language. People fail to realize His demeanor.
They might miss him. They might need him. God knows why. Not for His soul but for what have been done and achieved.
He is an excellent Son. He is excellent Brother. He is an excellent Decision Maker. He is an excellent Husband. He is an excellent Son-In-Law. He is an excellent "player". He keep telling that to himself although someone out there is voicing dissatisfaction. With due respect, He Doesn't really care. He is not bothered at all. He rejects rejection. He rejects dissatisfaction. But he accepts increment. He accepts proposal. He will listen. After all, He is an excellent listener which understand what diplomacy all about..
At 1.05 pm, the proposed letter is now kept in the drawer for safekeeping. :)
rbassociates_21@yahoo.com

Thursday, May 13, 2010

Mixed Up

assalamelekom,
Dalam sebulan dua "tok" banyak benda yang telahku 'Nanggar" telah terjadi, bakal terjadi dan mungkin terjadi. Hendak dikongsikan bersama, bukan mudah seperti yang disangka. Ibarat menongkah arus yang ber"gelombang". 
Hendak di"Klaka", pasti ada yang jiwa yang gelora. Mesti ada yang menjeling. "Mun" diikutkan hati, pastinya, akan ku melangkah ke depan dan takkan "gostan" ke belakang. Hanya menunggu guruh di langit.
Ku simpan, sakit. Ku pendam, membara. Ku biar, melarat.
"Yalah" kehidupan. Nasib "bait" akal ku masih panjang. Bercakap bila perlu, bercakap bila "pasti".  Bila "perlu", tak perlu bercakap.


-yale yale yale yale yale....................-rb10-

Saturday, May 1, 2010

What do you think?

1. Mr X was employed as Executive, Security and Risk Management (“Executive”) at ABC Company ("ABC") on a probationary basis for 6 months.
2. When his probationary period expired, he was asked to continue his work for about two weeks pending evaluation of his performance.
3. Upon evaluation, ABC after advised by HR manager who was Mr X's supervisor found that Mr X performance was not good & not up to the standard expected by ABC. ABC then informed Mr X that he will no be confirmed and directed him to pack and go.
4. In accordance to the terms in the Letter of Offer, ABC had paid the Claimant two weeks’ salary in lieu and at that point of time, Mr X accepted without any protest at all.
5. Assuming that you are Mr X, will you file a claim against ABC for wrongfull dismissal? Can you claim that you were no longer a probationer but a confirmed employee because of ABC's failure to terminate you within 6 months of probationary period?
6. As HR Manager, did you make a right decision by asking Mr X to stay pending evaluation of his performance during probationary period? Can you justify the termination by arguing that you as HR Manager is the best person to judge Mr X performance and not someone else because you were Mr X's supervisor!

(For info, the above case is a true story. I acted for ABC and Mr X was represented by well known Big B. I was thrown by Big B with so many issues purportedly to confuse me. Having Big B as my opponent was not a day that I will remember. But I did not give up. I made up my mind and use this simple approach. I threw him back with my own issues. After much deliberation, Mr Chairman who was trying the case decided in my favor. I learned many things from this case, which I now adopt in my daily life, i.e. facts may be straightforward, but we can still find many ways to make it complicated)


Tuesday, April 27, 2010

Untuk Isteriku, Capt dan Keluarga

Jiwa rasa gelora
Kasih pada teruna
Bukan kerna intan permata
Kerna budi bahasa

Kasih bukan paksaan
Sayang bukan mainan
Jiwa dan raga jadi taruhan
Ooooo pujaan

Rinduku padamu
Kekanda idamanku

Kekasih dikaulah
Oh! adinda puspitaku

Murni sungguh impian
Indah nian harapan

Jika tercipta taman kencana
Ooooo bahagia

Rinduku padamu
Kekanda idamanku

Kekasih dikaulah
Oh! adinda puspitaku

Murni sungguh impian
Indah nian harapan

Jika tercipta taman kencana
Ooooo bahagia
Ooooo kekanda

Ooooo adinda 

(P.Ramlee)

Thursday, April 22, 2010

@s posted at lawyerstalk@googlegroups.com 2 days ago


Dear members,
My Client had filed divorce Petition against the husband in Civil Court in 2007 under "Akta Membaharui Undang-Undang (Perkahwinan & Perceraian), 1976." The main dispute on the custody, care and control of their son is still pending in high Court. The Son has been with my Client since 2003 after they left matrimonial house. Somewhere in December 2009, it has come to our knowledge that the Husband converted to Islam.
Recently, the husband served on my client the sealed copy of his application made in Syariah Court for custody of the Son. As Non-Muslim, should my client enter appearance and contest the application in Syariah Court? If yes, why?
Assuming that my client fails to enter appearance or contest the husband's application, can he enforce any order made by Syariah court on my client?

Regards,
royhai'zam Basri

p/s - As a result of my posting @ the forum, I received emails from 2 senior members of bar explaining to me their stands on the above issues. I did reply to them. But due to some restriction, I cannot simply publish the contents of the emails herein without getting their prior approval. This morning, I was approached by also member of the bar (two years ago he was my "good"opponent in Industrial Ct) and I was surprised when he congratulated me for the posting. He said, "nice posting yesterday". On the way back to my Office while cruising Duke Highway, my former colleague (on his own now) called me. I asked him, "Is there anything that I can help you Robin?". He said to me, "I read your posting yesterday. Sudah jadi Imtiaz hah! hahaha". 
When I reached my office, without wasting my time, I switched on my computer and checked the forum to know what are the new issues raised for today. I noticed there is a new column for new posting written by a really senior member of the bar discussing about impending dispute of jurisdiction of syariah ct and civil Ct and whereby he informed the readers that the issues will be resolved in May 2010 by federal Ct.
Seriously, I do not know whether his posting is a response to my posting or it is just coincident. Be as it may, I’m glad that people noticed my posting.

Tuesday, April 20, 2010

preparation, preparation, preparation.

My Lecturer used to tell me & my classmates that to be the Great Trial Lawyers, you must make thorough preparations.
From my own experience without a proper preparations, you are not ready to go to war and might get killed even before you say a single word. Even if you are safe, it does not mean you are free to go because your biggest enemy ("the honorable") will not let you go unnoticed. It is not a good feeling to be whacked. I'd been in the situation before. Trust me. You can go crazy over this matter.
You are well prepared when you are spared.So, be careful. Read your file. Remember the crucial facts. Know your Judges. Use  the same old formula. "I-L-A-C." Last but not least, Pray to God.

Wednesday, March 31, 2010

"Eyes cannot See What the Mind Does not Know"

Salam,
"eyes cannot see what the mind does not know". (*)
It can be interpreted in many ways. good or bad.
There's a meaning even if literally read. right or wrong is not an issue after all.
What you don't understand most of the time can be seen, but what you don't know you will not aware unless you been told about it.
I let u decide on its interpretation of the * which I quoted from One doctor in "The Star" which quoted it somewhere else.
Sekian.