CASE HIGHTLIGHTS

HO SENG FATT v. STRATEQ SYSTEM SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FREDRICK INDRAN X A NICHOLAS
AWARD NO. 279 OF 2018 [CASE NO: 22(14)(5)/4-1024/10]
2 FEBRUARY 2018

CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of termination – Company giving him one month’s notice before terminating him – Whether it had amounted to a termination simpliciter – Effect of – Status of termination simpliciters in Malaysian industrial jurisprudence

CONTRACT OF EMPLOYMENT: Terms and conditions – Retirement age – Claimant’s employment contract not containing a clause on the age of retirement – Whether merely stating such a provision in the Company’s Employee Handbook had been sufficient – Factors to consider – Effect of – What the company should have done

CONTRACT OF EMPLOYMENT: Terms and conditions – Retirement age – Whether the company’s retirement policy had applied to the claimant – Factors to consider – Effect of – Whether the claimant had been aware of its retirement policy – Evidence adduced – Effect of – What the company should have done

INDUSTRIAL COURT: Remedies – Compensation – Compensation in lieu of reinstatement – Whether suitable to award the claimant – Factors to consider – Claimant past the age of retirement – Effect of – Minimum Retirement Age Act 2012

KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. PENGKALEN HOLIDAY RESORT SDN BHD (CORUS PARADISE RESORT PORT DICKSON)
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
EMPLOYEES’ PANEL: MOHD EFFENDY ABD GHANI
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 283 OF 2018 [CASE NO: 1/1-384/17]
5 FEBRUARY 2018

INDUSTRIAL COURT: Jurisdiction – Whether the IC had the jurisdiction to deal with a trade dispute in a non-compliance application – Factors to consider – Effect of – What the union should have done

NON-COMPLIANCE: Collective Agreement – Whether the matters raised by the union in this complaint had been in form and substance a trade dispute – Factors to consider – Effect of