POOSAI PANDIAN GUNASEKARAN & ORS v. AJN ENERGY (M) SDN BHD
COURT OF APPEAL, PUTRAJAYA
LEE SWEE SENG JCA
MARIANA YAHYA JCA
LIM CHONG FONG JCA
[CIVIL APPEAL NO: C-04(A)-82-03-2021]
8 FEBRUARY 2023

Abstract – The Director General of Labour's exercise of discretion to inquire into a dispute on matters such as the non-payment of wages need not be premised on a complaint being made but rather on whether the dispute on wages has been resolved by way of a settlement or payment and hence, even if there is a withdrawal of the complaint, the Director General of Labour may still proceed with his inquiry and make the necessary order.

CONTRACT: Employment contract – Wages – Non-payment by employer – Whether presiding officer right in deciding employer had duty to pay wages to employees

LABOUR LAW: Jurisdiction – Director General of Labour – Employees Indian nationals – Non-payment of wages by employer – Several employees expressed wish to return to home country expeditiously and forego complaints – Presiding officer proceeded to inquire on complaints and ordered employer to pay unpaid wages to employees – Whether presiding officer seized with jurisdiction and power to further investigate and decide on complaints despite withdrawal of complaints by several employees – Employment Act 1955, s. 69

 

---

PAPER AND PAPER PRODUCTS MANUFACTURING EMPLOYEES' UNION v. SIANGPACK SDN BHD
INDUSTRIAL COURT, PERAK
ZULHELMY HASAN
Employees' Panel: GUNNASAN U MUNUSAMY
Employers' Panel: HEZLINA HASHIM
AWARD NO. 590 OF 2023 [CASE NO: 10-2-402-21]
15 MARCH 2023

Abstract – (i) There should be a reasonable time for parties to work out and implement the terms of a collective agreement; (ii) In determining arrears to be paid, the financial position of a company may be considered and this includes the administrative difficulties in computing the various allowances and benefits both monetary and otherwise; and (iii) In considering a salary revision, factors to be considered include wages and salaries prevailing in comparable establishment, rise in the cost of living since the wages or salaries were last revised and the financial capacity of the company to pay the higher wages or increases.

TRADE DISPUTE: Collective agreement – Terms and conditions – Articles – Dispute on articles pertaining to duration and termination of collective agreement, meal allowance and salary revision – Proposals ought to be accepted – Factors considered – Industrial Relations Act 1967, s. 14(2)(b)

Award	Parties	Citation	Links
	Bavani Samoganazan v. Yang Berhormat Menteri Sumber Manusia Malaysia & Ors [Judicial Review No: WA-25-139-04-2021]	[2023] 2 ILR 1
	Measat Broadcast Networks System Sdn Bhd v. Ketua Pengarah Pertubuhan Keselamatan Sosial [Civil Appeal No: WA-16-1-01-2020]	[2023] 2 ILR 10
	Poosai Pandian Gunasekaran & Ors v. AJN Energy (M) Sdn Bhd [Civil Appeal No: C-04(A)-82-03-2021]	[2023] 2 ILR 23
122/2023	Marimuthu Perumal v. Glory Beach Resort Sdn Bhd [Case No: 22(5)-4-2419-19]	[2023] 2 ILR 34
355/2023	Koay Kar Hin v. Mansion One Suites Sdn Bhd [Case No: 18-4-1257-22]	[2023] 2 ILR 44
455/2023	Nasaruddin Wagiman v. Gamuda Land (Kemuning) Sdn Bhd [Case No: 14-4-717-21]	[2023] 2 ILR 54
467/2023	Thee Giok Lan v. Angsana Project & Manpower Development Sdn Bhd [Case No: 13/4-2585/21]	[2023] 2 ILR 80
481/2023	Lim Leong Hock v. Hua Hang Shipping & Trading (M) Sdn Bhd [Case No: 9-4-2507-21]	[2023] 2 ILR 89
527/2023	Lai Mook Keow v. Innovalues Precision Sdn Bhd [Case No: 16-4-1900-20]	[2023] 2 ILR 110
579/2023	Ng Chee Kean v. Standard Chartered Global Business Services Sdn Bhd [Case No: 20-4-291-20]	[2023] 2 ILR 131
590/2023	Paper And Paper Products Manufacturing Employees' Union v. Siangpack Sdn Bhd [Case No: 10-2-402-21]	[2023] 2 ILR 149
623/2023	Nur Diyana Idris lwn. PEPS-JV (M) Sdn Bhd [No. Kes: 2(12)-4-2819-20]	[2023] 2 ILR 180
648/2023	Kalai Arasi Sivabalan v. Gardenia Bakeries (KL) Sdn Bhd [Case No: 3-4-825-20]	[2023] 2 ILR 191

SUBJECT INDEX

“Hence, it can be said that incidents of misconduct are subjective in nature and very much depend on the working environment of each company. There is no steadfast rule to say that what amounts to a misconduct in a company would tantamount to a misconduct in another company. The test is on the employer to show that the gravity of the said misconduct would disrupt the smooth operation of the company. Hence, terminating an employee on the ground of misconduct requires diligence from the company.” - Per Azwarnida Affandi Chairman in Lai Mook Keow v. Innovalues Precision Sdn Bhd [2023] 2 ILR 110 (Award No. 527 of 2023).

ALMOST 13,000 CONTRACT DOCTORS TO BE GIVEN PERMANENT POSITIONS WITHIN THREE YEARS, SAYS PM
A total of 12,800 contract doctors are expected to be absorbed into permanent positions within the next three years, says the Prime Minister. Datuk Seri Anwar Ibrahim (PH-Tambun) said that the government through the Budget 2023 has allocated an amount of RM19.7bil in emolument, which saw an increase of RM3bil from previous years. "Of this RM3bil additional allocation, RM1.2bil was allocated for pay rise, RM600mil for contract appointment and RM1.1bil for absorption to permanent positions. "For 2023, it means that a total of RM1.7bil is allocated for recruiting more contract doctors and to absorb existing ones to permanent positions," he said in response to Datuk Seri Madius Tangau (PH-Tuaran) in Dewan Rakyat on Tuesday (April 4). With the allocation in place, Anwar said that 12,800 contract doctors will be in permanent positions in three years.

READ MORE

CAFE THAT HIRES 11-YEAR-OLDS SPARKS CRITICISM AMID PUSH FOR MINIMUM AGE FOR AUSTRALIAN WORKERS
A regional cafe which employs children as young as 11 to make jams and relishes has been criticised amid a push for a national minimum age for child workers, but others have defended the cafe against social media uproar. The federal government is considering a recommendation to make the minimum working age 15, or 13 for "light work", with some exemptions for those under 13. On the weekend, the ABC reported on a cafe in country New South Wales where most of the 100 workers are school-age children. The Long Track Pantry in Jugiong, faced with a workforce shortage, hired children aged 11 and older to work in the factory kitchen and cafe.

READ MORE