TAN CHEE TIAM v. SCHNEIDER ELECTRIC INDUSTRIES (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
REIHANA ABD RAZAK
EMPLOYEES’ PANEL: MUHAMAT YUSRI MUHAMAT BASIR
EMPLOYERS’ PANEL: ROHIZAT BAHARUM
AWARD NO. 1783 OF 2021 [CASE NO: 6(15)(1)/1-660/20]
7 DECEMBER 2021

NON-COMPLIANCE: Award – Complainant gainfully employed elsewhere with higher pay when said Award handed down – Whether he had genuinely wanted to be reinstated in the company – Factors to consider – Evidence adduced – Effect of – Whether his complaint here had been bona fide – Whether it would be conscionable to allow it – Effect of

NON-COMPLIANCE: Award – Court awarding reinstatement but complainant proposing the company pay him a sum of money in lieu thereof – Reasons for the same – Proposal made on a without prejudice basis – Effect of – Whether there had been a binding agreement reached between the parties – Factors to consider – Evidence adduced – Evaluation of – Conduct of the parties – What it had shown – Whether the formal execution of a written agreement had been a pre-condition to the complainant’s proposal – Effect of – Whether the company had complied with the said Award – Whether the complainant’s application ought to be allowed

VARIATION ORDER: Award – Powers and discretion of the Court – Whether it ought to be exercised here – Industrial Relations Act 1967, s. 56(2)

YUEN FOONG KUAN v. SEDUNIA TRAVEL SERVICES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
SYED NOH SAID NAZIR
AWARD NO. 1856 OF 2021 [CASE NO: 21/4-1081/21]
(Notice of Application in Enclosure 12a)
23 DECEMBER 2021

INDUSTRIAL COURT: Procedure – Action – Striking out – Whether the claimant had unequivocally rejected the reinstatement offer by the company – Factors to consider – Evidence adduced – Effect of – Whether her claim had been frivolous, vexatious and an abuse of process – Whether the matter ought to be struck off – Industrial Relations Act 1967, ss. 20(1A) & 29(fa)

INDUSTRIAL COURT: Procedure – Action – Striking out – Whether the company’s striking out application ought to be allowed – Factors to consider – Evidence adduced – Effect of – Effect of the Covid-19 Act – Whether the claimant’s claim had been time-barred – Industrial Relations Act 1967, ss. 20(1A) & 29(fa) and Temporary Measures For Reducing The Impact Of Coronavirus Disease 2019 (Covid-19) Act 2020, ss. 1(2), 3 & 40

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