CASE HIGHTLIGHTS

MALAYSIAN AIRLINE SYSTEM EMPLOYEES’ UNION PENINSULAR MALAYSIA (MASEU) v. MALAYSIA AIRLINE SYSTEM BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
RAJENDRAN NAYAGAM
EMPLOYERS’ PANEL: ALAN NETTO
EMPLOYEES’ PANEL: KAMARUL BAHRAIN
AWARD NO. 1258 OF 2018 [CASE NO: 23(3)/3-254/15]
4 JUNE 2018

TRADE UNION: Whether the trade union had the locus standi to represent its members – Factors to consider – Evidence showing that at the time of the hearing of the matter, all the employees of the company had been dismissed – Effect of – Industrial Relations Act 1967, ss. 2, 18(1) & 26(2)

WORDS & PHRASES: Definition of “party” in s. 2 of the Industrial Relations Act – Whether it had included the union in the present case – Factors to consider – Effect of


THE ANDAMAN A LUXURY COLLECTION RESORT, LANGKAWI (ANDAMAN RESORT SDN BHD) v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESTORAN SEMENANJUNG MALAYSIA
INDUSTRIAL COURT, KUALA LUMPUR
JAMHIRAH ALI
EMPLOYEES’ PANEL: GILBERT JOHN AROKIA
EMPLOYERS’ PANEL: ANANDARAJU MOOKKAPILLAI
AWARD NO. 1609 OF 2018 [CASE NO: 7(13)/3-208/14]
13 JULY 2018

TRADE DISPUTE: Collective Agreement – Terms and conditions of service – 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 minimum wages and service charge – Whether service charge had been part of “wages” – Legislations to consider – Effect of – Whether the workmen had been subject to the Employment Act 1955 – Factors to consider – Effect of – Employment Act 1955, s. 2, Minimum Wages Order 2012, O. 6, National Wages Consultative Council Act 2011, ss. 2 & 23, Interpretation Acts 1948 and 1967, s.17A and Industrial Relations Act 1967, ss. 30(4), (5) & (6) and 17(2)

TRADE DISPUTE: Collective Agreement – Hotel utilising the service charge of the employees in order to comply with the Minimum Wages Order 2012 – Whether the hotel’s actions had amounted to a unilateral variation of art. 12 of the 5th Collective Agreement – Factors to consider – Effect of

WORDS & PHRASES: “minimum wages” – Definition of – Legislations to consider – Effect of – National Wages Consultative Council Act 2011, ss. 2 & 23, Employment Act 1955, s. 2 and Interpretation Acts 1948 and 1967, s. 17A

WORDS & PHRASES: “wages” – Definition of – Whether it had included service charge – Factors to consider – Effect of – Intention of the parties – Guidelines to the National Wages Consultative Council Act 2011, Employment Act 1955, s. 2, Minimum Wages Order 2012, O. 6 & Industrial Relations Act 1967, s. 30(5)