CASE HIGHTLIGHTS

BALLESTER ANTOINE PHILIPPE LOUIS v. SONEPAR SOUTH EAST ASIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ESWARY MAREE
AWARD NO. 173 OF 2023 [CASE NO: 14-4-601-21]
16 JANUARY 2023

CONTRACT: Employment contract - Terms - Expatriation - Employee/claimant foreign national employed by foreign company - Claimant entered into expatriate agreement and placed in foreign company's branch subsidiary in Malaysia - Claimant's services terminated - Whether claimant employee of foreign company or branch subsidiary - Whether payment of salary indicator of real employer

INDUSTRIAL COURT: Jurisdiction - Jurisdiction to hear matter - Employee/claimant foreign national employed by foreign company - Claimant entered into expatriate agreement and placed in foreign company's branch subsidiary in Malaysia - Claimant's services terminated - Whether contracts/agreements entered into subject to Malaysian or foreign laws - Whether Industrial Court seized with jurisdiction to hear matter

KESATUAN KEBANGSAAN PEKERJA-PEKERJA PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU v. PEPS-JV (KEDAH) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
EMPLOYERS' PANEL: ALAN SUNIL NETTO E F NETTO
EMPLOYEES' PANEL: NASRIFAH SUKARNI
AWARD NO. 256 OF 2023 [CASE NO: 22(1)(18)-3-2632-20]
7 FEBRUARY 2023

TRADE DISPUTE: Pay cut - Unilateral decision by employer/company - Pay cut of 50% for one month and cancellation of all allowances previously paid to workers - Whether workers consulted - Whether consent of workers obtained before pay cut implemented - Whether pay cut measures justified - Whether there was fundamental breach of terms of employment

CONTRACT: Employment contract - Terms - Salary - Pay cut - Variation of term pertaining to payment of salary - Consent of employee not obtained - Whether fundamental breach of employment contract by employer