Foo Siew Li Partner

Contact
T +603 2081 3999 ext 897
E foo.siewli@skrine.com
 

Overview

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.

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
 

Authored the following articles:
  • Author, “Application of Self-Employment Social Security Act Significantly Extended” (republished in Lexology and by Wolters Kluwer, Jan 2020)
  • Author, “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”, Skrine’s Legal Insights Issue 4/2019 (republished by Wolters Kluwer, Jan 2020)
  • Co-author, the Malaysian Chapter - "Getting the Deal Through – Labour & Employment 2019"
  • Co-author, the Malaysian Chapter - "International Comparative Legal Guide to: Corporate Immigration 2018"
  • Co-author, the Malaysian Chapter - "Getting the Deal Through – Labour & Employment 2018"
  • Author, “A Social Safety Net", Skrine’s Legal Insights Issue 3/2017 (update republished by Praxis in 2018)
  • Author, “Turning the Tables on Perpetrators of Sexual Harassment”, Skrine’s Legal Insights 2/2016
  • Author, “The Pregnant Pause”, Skrine’s Legal Insights 3/2014
  • Co-author, the Malaysian Chapter, - "The Employment Law Review, Law Business Research" (2nd Edition, 2011; 3rd edition, 2012; 4th edition, 2013)
  • Author, “Whistling While They Work”, Skrine's Legal Insights 1/2013
  • Author, "When Employees Leave: Non-Compete and Non-Solicitation Clauses in Employment Contracts", AskLegal