MUHAMMAD HANIFF AZZAHARI v. TELEKOM MALAYSIA BERHAD
INDUSTRIAL COURT, PENANG
DOMNIC SELVAM GNANAPRAGASAM
AWARD NO. 851 OF 2017 [CASE NO: 9/4-1022/13]
14 JUNE 2017
DISMISSAL: Misconduct – Claimant uploading the respondent company’s
Letter of Censure on his Facebook page and posting various insulting comments
and his personal opinion on it – Whether the misconduct had been proven by the
respondent company against him – Factors to consider – Evidence adduced –
Effect of – Whether it had justified the respondent company dismissing him –
Claimant’s explanations – Whether acceptable – Whether his conduct had been
inconsistent and incompatible with the due and faithful discharge of his duties to
his employer – Whether the decision to dismiss him had been justified under the
circumstances – Whether dismissal without just cause and excuse
KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. CDL HOTELS (MALAYSIA) SDN BHD (GRAND MILLENNIUM KUALA LUMPUR)
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
EMPLOYEES’ PANEL: RIDZWAN RAMA ABDULLAH
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 1148 OF 2017 [CASE NO: 3/2-579/15]
18 AUGUST 2017
INDUSTRIAL COURT: Jurisdiction – Whether a trade dispute had existed
between the parties – Factors to consider – Effect of – Whether the Industrial
Court had been seized with jurisdiction to hear this matter
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on existing benefits – Whether the union’s proposals ought to be allowed
– Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on individual agreement – Whether the hotel’s proposals ought to be
allowed – Factors to consider – Effect of – Whether it could create havoc in the
industry when it had been included extensively in other industries
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on interpretation and implementation – Whether the union’s proposals
ought to be allowed – Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on legislation – Whether a duplication of benefits in the legislation and the
CA should be allowed – Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on medically boarding out – Whether the union’s proposals ought to be
allowed – Factors to consider – Effect of – What a medical boarding out effectively
was
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on notice of vacancy and promotion – Whether there had been an express
statutory prohibition on the inclusion of a proposal on “promotion” in a collective
agreement – Perusal and evaluation of legislation – Effect of – Whether the hotel’s
proposals ought to be allowed – Factors to consider – Effect of – Industrial
Relations Act 1967, s. 13(3)
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on paid leave for trade union courses – Whether it had come within the
purview of “trade dispute” under s. 2 of the Act and should be allowed in the CA
– Industrial Relations Act 1967, s. 2
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on paid time-off – Whether the union’s proposals ought to be allowed –
Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on recognition and scope of agreement – Whether the union’s proposal had
been a standard clause and ought to be adopted – Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on retrenchment and retrenchment benefits – Whether the union’s
proposals ought to be allowed – Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on salary structure – Whether the union’s proposals ought to be allowed
– Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on service charge – Whether the hotel’s proposals ought to be allowed –
Factors to consider – Effect of – Whether the Guidelines issued by the National
Wages Consultative Council Act 2011 had been ultra vires – Perusal and
evaluation of the Guidelines – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on sick leave and hospitalisation – Whether the status quo ought to be
maintained – Factors to consider
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on special paid leave – Whether the union’s proposals ought to be allowed
– Factors to consider – Effect of
TRADE DISPUTE: Collective Agreement – Terms and conditions of service –
Article on uniform, laundry and shoes – Whether the union’s proposals ought to
be allowed – Factors to consider – Effect of
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