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NATIONAL UNION OF HOTEL, BAR AND RESTAURANT WORKERS PENINSULAR MALAYSIA v. SHANGRI-LA HOTELS (MALAYSIA) BHD
Federal Court, Putrajaya
Zulkefli Ahmad Makinudin CJM, Richard Malanjum CJSS, Hasan Lah, A Samah Nordin, Zaharah Ibrahim FCJJ
[Civil Appeal No: 02(f)-69-10-2015(W)]
26 April 2017
[2017] 3 MLRA 354

JUDGMENT

Richard Malanjum CJSS:

Preliminary

[1] This is an appeal by the National Union of Hotel, Bar and Restaurant Workers, Peninsular Malaysia against the decision of the Court of Appeal dated 2 September 2014. The Court of Appeal upheld the decision of the High Court, inter alia, quashing the Award of the Industrial Court dated 8 April 2011 (Award No 468 of 2011 - the Award).

[2] Leave to appeal to this court was granted to the appellant on 2 September 2014 on a Leave Question that reads:-

"Whether a collective agreement or terms and conditions of employment can be unilaterally imposed by an employer on a union without going through the collective bargaining process provided for in the Industrial Relations Act 1967."

Background Facts

[3] The respondent, Shangri-La Hotels (M) Bhd, owns and operates Shangri-La's Rasa Sayang Resort and Spa (the New Hotel) at Batu Feringgi, Penang. It was formerly known as Shangri-La's Rasa Sayang Resort (the Old Hotel).

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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