AWARD

Anna Ng Fui Choo:

[1] This is a Ministerial reference made under s 26(2) of the IRA dated 8 May 2014 arising out of the trade dispute in respect of "Pelaksanaan Penyusunan Semula Gaji Bagi Pematuhan Peruntukan Gaji Minimum" between Asia Garden Sdn Bhd (Holiday Inn Resort Penang) ("the Hotel") and Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar dan Restoran, Semenanjung Malaysia (the Union). This case came up for the actual hearing on 12 April 2016. The parties then set out the parameters upon which they were to proceed with the hearing of this dispute and it was with the consent of the parties and the court.

Background

[2] It was also agreed that this case be heard and decided together with two (2) other cases: Case No: 3(13)/3-347/14 between Lone Pine Hotel (PG) Sdn Bhd (Lone Pine Hotel) and Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar dan Restoran Semenanjung Malaysia [2017] MELRU 688 and Case No: 3(13)/3-348/14 between Eastern & Oriental Sdn Bhd Penang (Eastern & Oriental Hotel) and Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar dan Restoran Semenanjung Malaysia [2017] MELRU 689, by the same panel members and Chairman. Parties had been instructed to file their submissions and after all that had been fulfilled, the date 31 March 2017 was fixed for clarification of issues