CASE HIGHTLIGHTS

ALL MALAYAN ESTATES STAFF UNION (AMESU) v.LADANG JERAM PADANG (KUALA LUMPUR KEPONG BERHAD)
INDUSTRIAL COURT, KUALA LUMPUR
RUWENA MOHD NURDIN
EMPLOYEES’ PANEL: KAMARUL BAHARIN MANSOR
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 979 OF 2018 [CASE NO: 12/3-513/16]
30 APRIL 2018

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Dispute in relation to “Income Tax Deductions-Members” and the calculation of benefits-in-kind related to art 40 of the Collective Agreement – Aggrieved employee withdrawing himself from the dispute – Whether a trade dispute had existed between the parties – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether the Industrial Court could still determine the matter – Industrial Relations Act 1967, s. 26

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Union failing to follow the company’s grievance procedures – Whether its failure had negated the existence of a trade dispute – Factors to consider – Effect of – What it should have done

TRADE DISPUTE: Collective Agreement – Whether in determining the matter, the Industrial Court had been bound by public rulings – Factors to consider – Effect of – Intention of public rulings – Income Tax Act 1967, s. 32(1) & s. 138A, Interpretation Acts 1948 and 1967, s. 3


KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. SUBANG JAYA HOTEL DEVELOPMENT SDN BHD (GRAND DORSETT SUBANG HOTEL)
INDUSTRIAL COURT, KUALA LUMPUR
RAJENDRAN NAYAGAM
EMPLOYERS’ PANEL: DAVID AZZUDDIN BUXTON
EMPLOYEES’ PANEL: NAHARUDIN IBRAHIM
AWARD NO. 1196 OF 2018 [CASE NO: 23(7)(13)/2-228/15]
28 MAY 2018

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on service charge – Whether the hotel could utilise the service charge of the employees in order to comply with the Minimum Wages Order 2012 – Factors to consider – Evidence adduced – Effect of – Reasoning behind the introduction of service charge – Whether it had been part of the definition of “wages” – Legislation to consider – Effect of – Whether the workmen had been subject to the Employment Act or the National Wages Consultative Council Act 2011 – Factors to consider – Effect of – Employment Act 1955, s. 2, Minimum Wages (Amendment) Order 2012 & National Wages Consultative Council Act 2011

WORDS & PHRASES: Whether “wages” had excluded service charge – Factors to consider – Judicial precedent – Effect of – Employment Act 1955, s. 2