CASE HIGHTLIGHTS

MUHAMMAD ZAILANI MAT ZIN v. NATIONAL UNION OF HOTEL, BAR AND RESTAURANT WORKERS, PENINSULAR MALAYSIA
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 760 OF 2020 [CASE NO: 4/4-2857/18]
4 JUNE 2020

DISMISSAL: Misconduct – Whether the claimant had advised Rafidah, from the Holiday Inn Glenmarie, to inform the management that if they could not settle the Collective Agreement, the union would picket – Factors to consider – Evidence adduced – Evaluation of – Effect of – Union’s actions – What it had shown – Contents of the union’s show cause letter to the claimant – Whether it had been satisfactory – Purpose of show cause letters – Whether the union had followed the rules of natural justice in dealing with the matter – Whether the claimant’s dismissal had been carried out with just cause and excuse

DISMISSAL: Misconduct – Whether the claimant had misappropriated the union’s funds – Factors to consider – Evidence adduced – Effect of – Whether proven by the union on a balance of probabilities – Union’s actions in the matter – What it had shown – Effect of – Whether the claimant’s dismissal had been carried out with just cause and excuse

EVIDENCE: Documentary evidence – Whether the claimant had been a workman under the Industrial Relations Act 1967 – Factors to consider – Evidence adduced – Effect of – Perusal and evaluation of the union’s Constitution – What it had shown – Claimant no longer an employee in the Hotel, Bar and Restaurant industry – Effect of – Whether he could hold a position in the union – Whether he had obtained the necessary exemptions under the Trade Unions Act 1959 – Effect of – Union’s actions towards him – What it had shown – Industrial Relations Act 1967, s. 2 and Trade Unions Act 1959, ss. 29 & 30

INDUSTRIAL COURT: Jurisdiction – Whether the IC had been seized with jurisdiction to hear this matter – Factors to consider – Evidence adduced – Effect of


MIYAN UDIN & ANOR v. GOODYEAR MALAYSIA BERHAD
(Consolidated with Case No. 3/1-1120/19 - 3/1-1235/19, 3/1-1261/19 - 3/1-1262/19 and 3/1-1340/19 by Court Order vide Interim Award No. 2933 of 2019 dated 8 November 2019)
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
EMPLOYEES’ PANEL: NIZAH MAT JAIE
EMPLOYERS’ PANEL: ROHIZAT BAHARUM
AWARD NO. 944 OF 2020 [CASE NO: 3/1-1119/19]
8 JULY 2020

INDUSTRIAL COURT: Jurisdiction – Whether the Industrial Court has the jurisdiction to interpret the terms of the CA in non-compliance proceedings – Factors to consider – Statutory provisions – Evaluation of – Effect of – Industrial Relations Act 1967, s. 56(2A)

INDUSTRIAL COURT: Procedure – Action – Some complainants filing SDs seeking to withdraw this matter against the respondent – Implications of the SD – As at the date of the hearing the SDs not withdrawn – Effect of – Complainants subsequent actions of filing Form A and B in the Industrial Court – What it had shown – Whether the respondent’s actions of trying to secure a withdrawal of the matter, behind the complainants’ counsel’s back, whist the substantive issue of non-compliance had still been pending in court, had been an unfair labour practice – Effect of

INDUSTRIAL COURT: Procedure – Action – Witness for the respondent in court as an observer whilst complainants’ witnesses testifying – Whether encouraged and the right thing to do

NON-COMPLIANCE: Collective Agreement – Whether the foreign worker complainants had been workmen of the company and covered under the CA – Factors to consider – Evidence adduced – Evaluation of – Effect of – Whether art. 9(d)(ii) of the CA had been void and unenforceable – Perusal of that article and its implications – Whether the respondent’s financial incapacity had been a material factor to consider and been applicable in these proceedings – Industrial Relations Act 1967, ss. 17, 30(4) and 56(1) & Contracts Act 1950, s. 24

NON-COMPLIANCE: Collective Agreement – Whether the foreign worker complainants had had the locus standi to bring this action against the respondent – Factors to consider – Evidence adduced – Effect of – Whether they had been covered under the scope of the CA – Effect of – Industrial Relations Act 1967, s. 56(1)