Foo Siew Li is a Partner in Skrine’s Employment practice. Siew Li regularly advises a wide range of clients in various industries on all aspects of employment law including drafting of Human Resource documentation and providing strategic advice on performance management and disciplinary action, investigations and internal fraud management, restructuring and retrenchment exercises, voluntary separation schemes, and advising on work permits requirements. She also represents clients in employment litigation.
Siew Li has experience in the areas of fraud and asset recovery, civil and commercial litigation, and maritime and shipping.
She is currently the Treasurer of the Malaysian Society for Labour and Social Security Laws (local chapter of International Society for Labour and Social Security Laws), Member of the MICCI Human Capital & Education Council, and sits on the Malaysian Bar’s Industrial and Employment Law Committee.
Key Practice Areas
- Employment Advisory and Disputes
- Employee Fraud Management and Investigations
- Fraud and Asset Recovery
- Immigration
- Drafting and reviewing contracts of employment for permanent and fixed term employees (local and expatriates), employee handbooks, company policies, bond agreements, and data protection notices for employees.
- Drafting and reviewing secondment agreements, supply of services agreements and contracts for services for independent contractors.
- Advising companies on all employment aspects in mergers and acquisitions and takeovers.
- Providing strategic advice on employee performance management, employee investigations and internal fraud management, and disciplinary proceedings.
- Providing strategic advice and integrated support on retrenchment exercises, voluntary separation schemes and mutual separations.
- Acted in various claims for unjust dismissal including those involving senior management including claims of constructive dismissal and forced resignation, redundancy, poor performance, fraud, breaches of duty and sexual harassment, non-confirmation, and non-renewal of fixed-term contracts.
- Advised on various industrial relations matters including on issues relating to trades union competency and recognition.
- Acted in various judicial review applications involving challenges against decisions of the Industrial Court or the Minister of Human Resources.
- Advising on immediate crisis management strategy, investigations into suspected fraud or non-compliance, including cooperation with internal and external investigation teams e.g. forensic/ surveillance teams; and the relevant authorities.
- Advising on the appropriate disciplinary action to be taken and providing on-going support on managing out employees with minimal exposure, both in legal and reputational aspects.
- Engaged to act in various fraud recovery actions against directors, employees and third parties who facilitated fraud/ misappropriation of monies, including obtaining injunctions and other interim orders.
- Advising and assisting a wide range of clients that employ foreign employees in Malaysia and that second/assign foreign employees to Malaysia in obtaining the relevant work permits and dependant passes.
- Acted for leading insurance companies in obtaining vesting orders in relation to business transfers.
- Acted as junior counsel in the Federal Court in CTI Group Inc. v International Bulk Carries SPA [2017] 5 MLJ 314 which clarified the law relating to the two-stage process for the enforcement of arbitral awards in Malaysia in particular on the grounds for setting aside an order for recognition and enforcement.
- Acted for mortgagees and receivers in recovery actions against vessels.
- Acted in ship arrests and setting aside orders for ship arrests in Malaysian ports in connection with various maritime claims.
- Advised on crew claims.
- Advised freight forwarders and ship managers in disputes against shipowners.
- Advised freight forwarders on claims for detention and demurrage.
- Acted in cargo claims filed against shipowners.
Authored the following articles:
- Author (updates), Lexis Nexis, “Commercial Transactional Precedents - Sale and Supply of Services”
- Co-Author, Lexology GTDT Labour & Employment 2018, 2019, 2021, 2022, 2023
- Author, OneTrust Data Guidance - Malaysia Whistleblowing – 2018, 2021, 2022, 2023
- "10 Key Amendments to the Employment Act 1955" infographic, which was republished by Lexology.
- Co-Author, Skrine Alert, “Additional Public Holiday announced for Hari Raya Aidilfitri” on 19.4.2023
- Co-Author, Skrine Insights dated 12.10.2022 - "Employees’ Social Security (Minimum Average Monthly Wage) Regulations 2022 comes into operation on 1 January 2023"
- Skrine Insights dated 2.9.2022 - "Employees’ Social Security Act and Employment Insurance System Act amended from 1 September 2022"
- Author, Skrine Insights dated 29.7.2022 - "The Employment Insurance System (Amendment) Bill 2022 passed by Dewan Rakyat"
- Author, Skrine Insights dated 28.6.2022 - "Hooray! Hooray! It’s a Holi-Holiday"
- Author, Skrine Insights dated 17.3.2022 - "Immigration (Amendment) Regulations 2022”
- Co-author, Skrine’s Alert dated 23.3.2022 -“Malaysia to raise minimum wage from 1 May 2022”
- Author, Skrine Insights dated 24.1.2022 - "Minimum Wages (Amendment) Order 2022"
- Author, Skrine’s Alert - “Immigration (Amendment) Regulations 2022”
- Author, Skrine’s Legal Insights - “Federal Court: Hotels cannot use Service Charge to Meet Minimum Wage, republished by Lexology”
- Author, Skrine’s Legal Insights – “Malaysia My Second Home Programme Relaunched”
- Author, Skrine’s Legal Insights – “Sarawak’s Malaysia My Second Home Programme”
- Author, Skrine’s Legal Insights – “Self-Employment Social Security Act to Apply to Self-Employed Service Providers for Carrying and Delivering Goods and Food from 1 October 2021”, republished by Wolters Kluwer
- Author, Skrine’s Legal Insights “Application of Self-Employment Social Security Act Significantly Extended”, republished in Lexology and by Wolters Kluwer, Jan 2020
- Author, Skrine’s Legal Insights 4/2019 – “High Court Sheds Light on Section 31 of the Employment Act 1955: A commentary on Perwaja Steel Sdn. Bhd. (In Liquidation) v RHB Bank Berhad and 789 others”, republished by Wolters Kluwer
- Author, “Thomson Reuters Q&A on IT policy and Social Media policy”
- Co-Author, “International Comparative Legal Guide to: Corporate Immigration 2018 Malaysian Chapter”
- Author, “International Comparative Legal Guide to: Employment and Labour Law 2018 Malaysian Chapter”
- Author, Skrine’s Legal Insights Issue 3/2017 “A Social Safety Net", republished by Praxis in 2018
- Author, Skrine’s Legal Insights 2/2016 “Turning the Tables on Perpetrators of Sexual Harassment”
- Author, AskLegal "When Employees Leave: Non-Compete and Non-Solicitation Clauses in Employment Contracts"
- Author, Skrine’s Legal Insights 3/2014, “The Pregnant Pause”, Skrine’s Legal Insights 3/2014
- Author, Skrine’s Legal Insights 1/2013, “Whistling While They Work”, Skrine's Legal Insights 1/2013
- Co-Author, The Malaysian Chapter, - "The Employment Law Review, Law Business Research" (2nd Edition, 2011; 3rd edition, 2012; 4th edition, 2013)
Qualifications:
- Advocate and Solicitor, High Court of Malaya (2010)
- Certificate of Legal Practice (2009)
- LL.B (Hons), Cardiff University (2008)
Professional Affiliations:
- Treasurer, Malaysian Society for Labour and Social Security Laws, (local chapter of International Society for Labour and Social Security Laws)
- Member of Bar Council’s Industrial Law Committee
- Member, MICCI Human Capital & Education Council
- Listed as a "Next Generation Partner" for Labor and Employment by Legal 500 Asia Pacific 2023
- Listed as a "Leading Individual" for Labor and Employment by Legal 500 Asia Pacific 2024
- Listed as a "Next Generation Partner" for Chambers Asia-Pacific Guide 2024
- “Regardless of the complexity of the matter we are dealing with, we can trust Siew Li to provide reliable and practical advice.” – Chambers Asia-Pacific 2024
- “Siew Li provides both legal and pragmatic advice to ensure that we keep within legal requirements and also manage the emotional aspect of an employment matter.” – Chambers Asia-Pacific 2024