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HO SENG FATT v. STRATEQ SYSTEM SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FREDRICK INDRAN X A NICHOLAS
AWARD NO. 279 OF 2018 [CASE NO: 22(14)(5)/4-1024/10]
2 FEBRUARY 2018
CONTRACT OF EMPLOYMENT: Terms and conditions – Notice of
termination – Company giving him one month’s notice before terminating him
– Whether it had amounted to a termination simpliciter – Effect of – Status of
termination simpliciters in Malaysian industrial jurisprudence
CONTRACT OF EMPLOYMENT: Terms and conditions – Retirement age –
Claimant’s employment contract not containing a clause on the age of retirement
– Whether merely stating such a provision in the Company’s Employee
Handbook had been sufficient – Factors to consider – Effect of – What the
company should have done
CONTRACT OF EMPLOYMENT: Terms and conditions – Retirement age –
Whether the company’s retirement policy had applied to the claimant – Factors
to consider – Effect of – Whether the claimant had been aware of its retirement
policy – Evidence adduced – Effect of – What the company should have done
INDUSTRIAL COURT: Remedies – Compensation – Compensation in lieu of
reinstatement – Whether suitable to award the claimant – Factors to consider –
Claimant past the age of retirement – Effect of – Minimum Retirement Age Act
2012
KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR
DAN RESTORAN, SEMENANJUNG MALAYSIA v.
PENGKALEN HOLIDAY RESORT SDN BHD
(CORUS PARADISE RESORT PORT DICKSON)
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
EMPLOYEES’ PANEL: MOHD EFFENDY ABD GHANI
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 283 OF 2018 [CASE NO: 1/1-384/17]
5 FEBRUARY 2018
INDUSTRIAL COURT: Jurisdiction – Whether the IC had the jurisdiction to
deal with a trade dispute in a non-compliance application – Factors to consider
– Effect of – What the union should have done
NON-COMPLIANCE: Collective Agreement – Whether the matters raised by the
union in this complaint had been in form and substance a trade dispute – Factors
to consider – Effect of
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