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.