BALLESTER ANTOINE PHILIPPE LOUIS v. SONEPAR SOUTH EAST ASIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ESWARY MAREE
AWARD NO. 173 OF 2023 [CASE NO: 14-4-601-21]
16 JANUARY 2023

CONTRACT: Employment contract - Terms - Expatriation - Employee/claimant foreign national employed by foreign company - Claimant entered into expatriate agreement and placed in foreign company's branch subsidiary in Malaysia - Claimant's services terminated - Whether claimant employee of foreign company or branch subsidiary - Whether payment of salary indicator of real employer

INDUSTRIAL COURT: Jurisdiction - Jurisdiction to hear matter - Employee/claimant foreign national employed by foreign company - Claimant entered into expatriate agreement and placed in foreign company's branch subsidiary in Malaysia - Claimant's services terminated - Whether contracts/agreements entered into subject to Malaysian or foreign laws - Whether Industrial Court seized with jurisdiction to hear matter

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KESATUAN KEBANGSAAN PEKERJA-PEKERJA PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU v. PEPS-JV (KEDAH) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
EMPLOYERS' PANEL: ALAN SUNIL NETTO E F NETTO
EMPLOYEES' PANEL: NASRIFAH SUKARNI
AWARD NO. 256 OF 2023 [CASE NO: 22(1)(18)-3-2632-20]
7 FEBRUARY 2023

TRADE DISPUTE: Pay cut - Unilateral decision by employer/company - Pay cut of 50% for one month and cancellation of all allowances previously paid to workers - Whether workers consulted - Whether consent of workers obtained before pay cut implemented - Whether pay cut measures justified - Whether there was fundamental breach of terms of employment

CONTRACT: Employment contract - Terms - Salary - Pay cut - Variation of term pertaining to payment of salary - Consent of employee not obtained - Whether fundamental breach of employment contract by employer

Award	Parties	Citation	Links
	Aneka Retail (M) Sdn Bhd v. Mahkamah Perusahaan Malaysia & Ors [Judicial Review No: PA-25-38-08-2022]	[2023] 1 ILR 391
	Matrix Global Education Sdn Bhd v. Felix Lee Eng Boon [Civil Appeal No: W-01(A)-477-09-2020]	[2023] 1 ILR 400
81/2023	Ameerah Solihah Ibrahim v. China 1st Metallurgical Construction (M) Sdn Bhd [Case No: 20-4-2583-21]	[2023] 1 ILR 437
130/2023	Madhana Krishnan v. KTMB (Car Park) Sdn Bhd [Case No: 21-4-2955-20]	[2023] 1 ILR 444
173/2023	Ballester Antoine Philippe Louis v. Sonepar South East Asia Sdn Bhd [Case No: 14-4-601-21]	[2023] 1 ILR 457
183/2023	Husin Zakaria v. Aident Corporation Sdn Bhd [Case No: 18/4-983-20]	[2023] 1 ILR 474
256/2023	Kesatuan Kebangsaan Pekerja-pekerja Perusahaan Alat-alat Pengangkutan Dan Sekutu v. PEPS-JV (Kedah) Sdn Bhd [Case No: 22(1)(18)-3-2632-20]	[2023] 1 ILR 496
257/2023	Kesatuan Kebangsaan Pekerja-pekerja Perusahaan Alat-alat Pengangkutan Dan Sekutu v. PEPS-JV (Melaka) Sdn Bhd [Case No: 22(1)-3-400-21]	[2023] 1 ILR 505
258/2023	Kesatuan Kebangsaan Pekerja-pekerja Perusahaan Alat-alat Pengangkutan Dan Sekutu v. KB Teknik Sdn Bhd [Case No: 22(1)-3-403-21]	[2023] 1 ILR 513
259/2023	Kesatuan Kebangsaan Pekerja-pekerja Perusahaan Alat-alat Pengangkutan Dan Sekutu v. PEPS-JV (M) Sdn Bhd [Case No: 22(1)-3-404-21]	[2023] 1 ILR 521
295/2023	Rusdi Jalil v. Flowco (Malaysia) Sdn Bhd [Case No: 4-4-1885-21]	[2023] 1 ILR 530
296/2023	Mohd Khair Mohid v. Flowco (Malaysia) Sdn Bhd [Case No: 4-4-1884-21]	[2023] 1 ILR 551
435/2023	Mohamad Tuah Safar v. Beni Sdn Bhd [Case No: 3-4-906-21]	[2023] 1 ILR 570
454/2023	Andrew Daniel Patrick Colin Patrick v. Nityo Infotech Sdn Bhd [Case No: 13-4-2928-21]	[2023] 1 ILR 581
456/2023	Meor Shahrom Zainuddin lwn. Sistem Televisyen Malaysia Berhad [No. Kes: 10-4-1999-20]	[2023] 1 ILR 592

SUBJECT INDEX

OLDER WORKERS PULL SOUTH KOREA JOBLESS RATE DOWN TO RECORD LOW
South Korea's unemployment rate has fallen back to a record low, data showed on Wednesday, mainly due to increased employment among people aged 60 and over, and as shrinking exports and a sluggish housing market have yet to significantly hit payrolls. The unemployment rate was 2.6 per cent in February versus 2.9 per cent in January on a seasonally adjusted basis, matching a record low also touched in August, showed data from Statistics Korea.

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SINGAPORE RETRENCHMENTS DOUBLED AT END 2022
Despite total employment returning to pre-pandemic levels, the number of retrenchments in the fourth quarter of 2022 (4Q22) between October and December doubled to 2,990 from the 1,300 in 3Q22. However, fewer jobs were cut in the second half of 2022 - 890 - than expected in the information and communications sector, which covers technology firms. Manpower Minister Tan See Leng told Parliament last November that firms in the sector had reported 1,270 layoffs within four-and-a-half months from July 2022. The earlier figure was derived from mandatory retrenchment notifications that firms could submit ahead of planned job cuts, a Ministry of Manpower spokesman said on Wednesday at a briefing on the finalised fourth quarter labour market report.

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