INTER HERITAGE (M) SDN BHD v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESTORAN SEMENANJUNG MALAYSIA

[2018] 3 MELR 438

INTER HERITAGE (M) SDN BHD v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESTORAN SEMENANJUNG MALAYSIA
Industrial Court, Kuala Lumpur
Jamhirah Ali
Award No: 1608 of 2018 [Case No: 7(13)-3-343-14]
13 July 2018

AWARD

Jamhirah Ali:

Prologue

[1] It was mutually agreed by all parties that the instant case be heard together with Case No: 7(13)/3-208/14 between The Andaman A Luxury Collection Resort, Langkawi (Andaman Resort Sdn Bhd) v. Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar & Restoran Semenanjung Malaysia; and that the decision in this case will bind that one. However, as both these cases have not been consolidated, but only heard together, customary observances practiced by the Industrial Court of Malaysia necessitates that separate and distinct awards be handed down for each individual case, which highlight the peculiarities of each.

[2] The Hotel in the instant case produced two witnesses ie one Tai Chew Yen (COW1A), the Director of Finance of the Hotel and one Tan Sri Dato' Azman Shah bin Dato' Seri Haron (COW2), who testified in his capacity as a Council Member of the Minimum Wages Council representing the employers. COW2 testified for the Hotel in the instant case and also on behalf of the Hotel in case no 7(13)/3-208/14. It was also agreed between parties that the evidence of COW1 (one Vijay Kumar - the Director of Finance) in that case (the Andaman case above) be adopted and applied in this case. The Union opted not to produce any witnesses in either case.

[3] On the mention date of 19 January 2017, the learned counsel for the Hotel in this case informed the court that the Hotel wished to amend its Statement of Case (Amended SOC). The Hotel then filed an application to amend its SOC on 3 February 2017. The Union in its letter dated 16 February 2017 had informed this court that the Union had no objection with regard to the said application. By an interim Award No: 353/2017 dated 2 March 2017 this court allowed the Hotel's application to amend the SOC; and thereafter the Amended SOC was filed on 6 March 2017; and the Union filed its Amended Statement in Reply (Amended SIR) on 9 March 2017; and an Amended Rejoinder was filed by the Hotel on 13 March 2017.

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