CASE HIGHTLIGHTS

BALADEVAN NADARAJAN v. PPG PERFORMANCE COATINGS (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1222 OF 2019 [CASE NO: 19(4)(16)/4-1001/16]
17 APRIL 2019

DISMISSAL: Constructive dismissal – Benefits – Shell Card benefit – Discontinuance of – Whether it had amounted to a breach of a fundamental term of his contract of employment – Factors to consider – Evidence adduced – Effect of – Whether his claim for constructive dismissal ought to be allowed

DISMISSAL: Constructive dismissal – Demotion – Claimant re-designated from the position of Acting Plant Manager with the company to Production Manager with PPG Coatings – Whether his re-designation had amounted to a demotion – Factors to consider – Evidence adduced – Evaluation of – Effect of – Implications of holding an “acting” position – Whether the claimant had held a lien over his “acting” position – Intention of the parties – Whether the company’s actions towards him had been reasonable – Whether it had justified him walking out of his employment and claiming constructive dismissal


KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN SEMENANJUNG MALAYSIA v. PRIMULA BEACH HOTEL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FRANKLIN GOONTING
EMPLOYEES’ PANEL: NOR AZMIN TAJUL ARIFIN
EMPLOYERS’ PANEL: HEZLINA HASHIM
AWARD NO. 1291 OF 2019 [CASE NO: 28(7)/2-462/17]
25 APRIL 2019

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on medically board out – Whether the hotel’s proposal that such payments should be discretionary should be allowed – Factors to consider – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on paid leave for trade union courses – Whether the union’s proposal that the hotel is to be notified in writing one (1) week before the commencement of trade union courses, should be allowed – Factors to consider – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on retirement benefits – Whether the hotel’s proposal of 30 days of basic salary for each completed year of service, on retirement, had been reasonable – Factors to consider – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on salary structure, Appendix A & A1 – Whether union’s proposal of 8% had been justified and reasonable – Factors to consider – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on service charge – Whether the union’s proposal for a re-implementation of it should be allowed – Factors to consider – Whether the hotel, by its actions, had unilaterally changed the service charge system to a clean wage one – Evidence adduced – Evaluation of – Effect of – Hotel’s arguments in response including the raising of the doctrine of estoppel – Whether could be accepted – What its actions had shown

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Article on sick leave and hospitalisation – Whether the union’s proposal for the capping of outpatient treatment should be allowed – Factors to consider – Effect of

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – Whether the union had been the successor of the in-house union – Whether it had been bound by the collective agreements entered into by the latter with the hotel – Factors to consider – Effect of – Determination of which collective agreement had been under discussion – Industrial Relations Act 1967, s. 17