KESATUAN PEKERJA-PEKERJA PERKILANGAN PERUSAHAAN MAKANAN v. NESTLE MANUFACTURING (MALAYSIA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
EMPLOYEES’ PANEL: ALIAS ABDULLAH
EMPLOYERS’ PANEL: SUGUMARAN GOVINDASAMY
AWARD NO. 1937 OF 2022 [CASE NO: 4/3-238/20]
1 SEPTEMBER 2022

DISMISSAL: Notice of termination – Forced resignation – Whether the 217 former employees, who had all been unionised members, had been forced to resign by the company – Factors to consider – Evidence adduced – Effect of – What the conduct of the 217 former employees had shown – Company’s actions towards them – Effect of – Whether forced resignation successfully proven by the union

DISMISSAL: Retrenchment – Redundancy – Whether the 217 former employees had been made redundant by the company – Factors to consider – Evidence adduced – Effect of – The effect of their voluntary resignations – Whether they had been retrenched by the company and entitled to the retrenchment benefits under art. 33 of the CA

TRADE DISPUTE: Collective Agreement – Determination of whether the 217 former employees had been entitled to the retrenchment benefits under art. 33 of the CA – Whether it had constituted a trade dispute – Factors to consider – Evidence adduced – Effect of – Industrial Relations Act 1967, s. 30(4)

TRADE DISPUTE: Collective Agreement – Interpretation of article on retrenchment benefits – Whether awarding the 217 former employees retrenchment benefits would unjustly enrich them – What unjust enrichment meant – Whether awarding them the retrenchment benefits would be giving them double benefits, at the company’s expense – Factors to consider – Evidence adduced – Effect of – Whether it would be unconscionable and run contrary to ss. 30(4) and 30(5) of the Act – Industrial Relations Act 1967, ss. 30(4) & 30(5)

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JAGEN MANOHARAN v. AGARCORP SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 2429 OF 2022 [CASE NO.: 22/4-1403/19]
10 NOVEMBER 2022

INDUSTRIAL COURT: Procedure – Action – Setting aside – The Applicant applying to set aside the subpoena issued against her for mental health reasons – Whether it ought to be allowed – Factors to consider – Evidence adduced – Effect of – Claimant’s actions – What it had shown – Whether the Applicant had been a material witness – Effect of – Industrial Relations Act 1967, s. 29

Award	Parties	Citation	Links
	Ahmad Nasri Abdul Wahab v. Disciplinary Appeal Board Of The Malaysian Institute Of Accountants & Ors [Judicial Review No: WA-25-211-07-2020]	[2023] 1 ILR 1
	Nasruddin Mohamad v. Ketua Pegawai Eksekutif, Majlis Agama Islam Dan Adat Melayu Terengganu & Ors [Civil Appeal No: T-01(A)-378-08-2020]	[2023] 1 ILR 37
1937/2022	Kesatuan Pekerja-pekerja Perkilangan Perusahaan Makanan v. Nestle Manufacturing (Malaysia) Sdn Bhd [Case No: 4/3-238/20]	[2023] 1 ILR 63
1952/2022	Ismail Othman v. Seacera Properties Sdn Bhd [Case No: 21/4-1990/20]	[2023] 1 ILR 93
2352/2022	Muniandy Munusamy v. Quest International University Of Perak [Case No: 10(18)/4-2493/19]	[2023] 1 ILR 113
2372/2022	Anuar Yusoff v. Tenaga Nasional Bhd [Case No: 21/4-314/20]	[2023] 1 ILR 134
2429/2022	Jagen Manoharan v. Agarcorp Sdn Bhd [Case No: 22/4-1403/19]	[2023] 1 ILR 146
2465/2022	Lee Fen Nee v. WRP Asia Pacific Sdn Bhd [Case No: 10/4-339/21]	[2023] 1 ILR 155
2489/2022	Kesatuan Kebangsaan Pemandu-pemandu Tren Semenanjung Malaysia lwn. ERL Maintenance Support Sdn Bhd (E-MAS) [No. Kes: 14(7)/2-2422/20]	[2023] 1 ILR 181
2551/2022	Kesatuan Sekerja Pembuatan Barangan Galian Bukan Logam v. Taiko Bleaching Earth Sdn Bhd & Ors [Case No: 10/2-637/21]	[2023] 1 ILR 225

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